Brs Ventures Investment Ltd vs Gir Logistics Pvt Ltd & Anr

BRS Ventures Investment Ltd. ...Appellant

Versus

GIR Logistics Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Ajay Gaggar, Ms. Vineeta Rathore, Ms. Rakhi Purnima Paul and Mr. Robin Sirohi, Advocates. For Respondents: Mr. Ashwani Kumar, Advocate for R-1.

ORDER

(Through Virtual Mode)

25.03.2021: After hearing learned counsel for the Appellant we find that by virtue

of impugned order dated 23rd February, 2021 passed by the Adjudicating Authority

(National Company Law Tribunal) Guwahati Bench, Guwahati Respondent was

directed to handover the goods lying with it without creating any problem. It is

observed in the order that the Appellant will take back the goods, as agreed, by the

following day or thereafter but within seven days from the date of impugned order,

failing which its entitlement to recover the goods would stand extinguished.

2. Through the medium of instant appeal, the Appellant seeks extension of time

and removal of the condition imposed as the consequence of non-lifting of goods

within the period of seven days as stipulated in terms of the impugned order.

Cont'd...../ -2-

3. Shri Ashwani Kumar, Advocate entering appearance on behalf of the

Respondents submits that the Appellant has already filed an application before the

Adjudicating Authority seeking extension of time. This factual assertion is not

disputed by learned counsel for the Appellant. Mr. Ajay Gaggar, Advocate

representing the Appellant submits that in view of the consequence ensuing out of

non-compliance of order within the stipulated period of seven days, the Appellant

is faced with the prospect of extinguishing its right in goods and in view of the same

the Appellant had no option but to file the appeal.

4. This argument of learned counsel for the Appellant, though appears to be

attractive in technique , is flawed in substance . If the Appellant was apprehensive

of invasion of its legal rights qua the title to goods, there was an opportunity to

approach the Adjudicating Authority for extension of time , which has been done

and the instant appeal would not be filed. The Appellant, on the one hand,

approached the Adjudicating Authority for extension of time and simultaneously

filed this appeal. This amounts to forum hunting and such practice is deprecated.

The impugned order has been passed on consensus and the order being in the

nature of a consent order is not appealable. Though we are confident that the

appeal is frivolous, we do not intend to impose any costs. Appeal is dismissed.

[Justice Bansi Lal Bhat] Acting Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical) am/gc Company Appeal (AT) (Insolvency) No. 232 of 2021