Darshan Group vs Omkar Realtors & Developers Pvt. Ltd

IN THE MATTER OF: Darshan Group ...Appellant Versus Omkar Realtors & Developers Pvt. Ltd. ...Respondent Present: For Appellant : Mr. Kunal Cheema, Mr. Apoorv Shukla, Advocate For Respondent : Mr. Aditya Kumar, Advocate

ORDER

20.03.2023: The present appeal has been preferred under Section 61 of

the Insolvency and Bankruptcy Code, 2016 (herein after referred to as 'Code')

against an order dated 10.11.2022 passed by Ld. National Company Law

Tribunal, Mumbai Bench, Court-IV in CP. (IB)/ 477(MB)/2021. By the said

order the application filed under Section 9 of the Code, on behalf of the

Appellant was rejected as not maintainable. From the order it is reflected that

on the date when the case was taken up there was none appearance on behalf

of the Applicant/Appellant. Even in absence of a party if court is satisfied that

an application is not maintainable the court is having jurisdiction to pass order

but we are of the opinion that for just decision in the matter it would be

appropriate to remit the matter to the NCLT to pass the order on merit of the

application which was filed by the Applicant/Appellant. -2-

We are not recording any opinion as to whether there was pre-existing

dispute or not. All those points are left open to be examined by the NCLT. With

above observation the appeal stands disposed of. In view of the matter it is

appropriate to set aside the order and remit back the matter to the NCLT for

passing appropriate order in accordance with law. This order was passed after

hearing Mr. Kunal Cheema, Ld. Counsel along with Mr. Mr. Apoorv Shukla, Ld.

Counsel for the Appellant and Mr. Aditya Kumar, Ld. Counsel for the Sole

Respondent.

[Justice Rakesh Kumar] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

sr/gc

Company Appeal (AT) (Ins) No. 1550 of 2022