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Devender Umrao vs Respondents

National Company Law Appellate Tribunal25 July 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority could not treat a delay in compliance with its earlier order as attributable to the Resolution Professional, and direct a referral to the IBBI, where the Resolution Professional had in fact filed a defect-free compliance affidavit within the time required; such observations, being uncalled for on the record, must be deleted from the impugned order.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins) No. 1273 of 2024 IN THE MATTER OF: Devendra Umrao ...Appellants Resolution Professional for Saha Buildestates Pvt. Ltd. Versus ------ ...Respondents

Present: For Appellant : Mr. Gaurav Mitra, Mr. Abhishek Parmar, and Mr. Ishaan Roy Chowdhury, Advocates a/w Mr. Devendra Umrao, RP in person. For Respondents : None.

ORDER

(Hybrid Mode)

25.07.2024: Heard counsel for the appellant.

This appeal has been filed against the order passed by the Adjudicating

Authority on 24.04.2024 limited to the observations made in the order against

the Resolution Professional and sending the copy of the order to the IBBI.

2. Ld. Counsel for the appellant submitted that the ground for making

observation was that there was certain delay in complying the order. It is

submitted that the affidavit in compliance was filed on 18.04.2024 as a defect

free affidavit which has not been taken note by the Adjudicating Authority

while making his observations.

Cont'd../-

3. Ld. Counsel for the appellant has referred the affidavit at page 160 of the

appeal paper book which is the proof of filing of the affidavit.

4. We are of the view that appellant having filed the defect free affidavit the

observation that delay was caused by the Resolution Professional in complying

with the order of Tribunal was uncalled for.

5. In view of above, we are of the view that observations made in the order

against Resolution Professional and sending the copy of the order to the IBBI

needs to be deleted from the impugned order. Order accordingly.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical)

harleen/NN

Comp. App. (AT) (Ins) No. 1273 of 2024 2 of 2

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