Bharat Kumar Patwa vs Axis Bank Limited And Anr
- CitationCompany Appeal (AT) (Insolvency) No. 1453 of 2022
Ratio decidendi
The rule this decision rests on
The appeal is disposed of by following an earlier order of the same Tribunal in parallel appeals, which held that the pending application before the Adjudicating Authority be considered afresh on merits; no independent legal principle is stated beyond applying that earlier direction to this matter.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Bharat Kumar Patwa ...Appellant
Versus
Axis Bank Ltd. & Anr. ...Respondents
Present: For Appellant : Ms. Bhumika Sharma, Advocates.
For Respondents : None.
ORDER
02.12.2022 Heard the learned Counsel for the Appellant. This appeal is
filed against the order dated 07.11.2022 by which the Adjudicating Authority
has adjourned I.A. No. 211 of 2022 to 20.01.2013. It is submitted that
challenging the order of the same date adjourning other two Applications filed
by the personal guarantors was challenged in this Tribunal vide Company
Appeal(AT)(Insolvency) No. 1385 of 2022 and Company Appeal(AT)(Insolvency)
No. 1386 of 2022 which was disposed on 28.11.2022 where this Appellate
Tribunal while disposing of the Appeal has observed that the Application
pending with the Adjudicating authority be considered afresh on merit.
Following the above order of this Tribunal dated 28.11.2022, this appeal is
disposed of in the same terms. Learned Counsel for the Appellant submits that
an advance copy has been given to the Respondent Bank but no one has
appeared today. However, liberty is given to the Respondent Bank to file
Application for modification/variation of this order if they feel aggrieved.
Company Appeal (AT)(Insolvency) No. 1453 of 2022 Page 1 of 2
Appeal is disposed of.
(Justice Ashok Bhushan) Chairperson
(Mr. Barun Mitra) Member(Technical) akc/Nn
Company Appeal (AT)(Insolvency) No. 1453 of 2022 Page 2 of 2
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