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Candid Resources Limited vs Manoj Kulshrestharesolution ...

National Company Law Appellate Tribunal20 May 2022

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal declined to entertain an appeal against the rejection of an application where the applicant, though having expressed willingness to submit a resolution plan within the statutory window, filed the application before the Adjudicating Authority only after an inordinate delay of more than one year, and the Tribunal held that such inordinate delay in filing the application is itself a sufficient ground to refuse to entertain the appeal at that stage, with no error found in the impugned order.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins.) No. 552 of 2022IN THE MATTER OF:

Candid Resources Ltd. ...Appellant

Versus

Manoj Kulshrestha & Ors. ...Respondent

Present: For Appellant: Mr. SK Sharma, Advocate

For Respondent: Advocate Nishi Chaudhary, for R-2

ORDER

(Virtual Mode)

20.05.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the Order dated 29th March, 2022

passed by the Adjudicating Authority (National Company Law Tribunal,

Special Bench (Court-II) by which, the Adjudicating Authority rejected the

Application of the Appellant.

3. In the present case, the last date for submitting the Resolution Plan as

per Form-G was 28th November, 2020. On 17th January, 2021 the Appellant

wrote to the Resolution Professional that he is willing to submit his Resolution

Plan however he filed the Application before the Adjudicating Authority being

I.A. No. 1392 of 2022 only in the month of March, 2022 i.e. even after more

than one year when he wrote to the Resolution Professional that he is willing 2

to submit the Resolution Plan, there being such inordinate delay, in filing the

Application, we are not inclined to entertain the Appeal at this stage.

We do not find any error in the Order of the Adjudicating Authority, the

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Ms. Shreesha Merla] Member (Technical)

[Mr. Naresh Salecha] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 552 of 2022

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