Devender Umrao vs Respondents
- CitationComp. App. (AT) (Ins) No. 1273 of 2024
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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