Gajendra Singh Singhvi vs Bank Of Maharashtra

Gajendra Singh Singhvi ....Appellant Vs. Bank of Maharashtra ...Respondent For Appellant: Mr. Rajiv Gupta, Advocate.

For Respondent: Mr. Nishant Awana, Mr. Azmat H. Amanullah, Advocates.

ORDER

(Through Virtual Mode)

08.04.2022: This Appeal has been filed against the order dated

03.02.2022 passed by the Adjudicating Authority (National Company Law

Tribunal), Jaipur Bench, in I.A No. 309/JPR/2021 by which order, the

Adjudicating Authority has observed that the Guarantor has not filed copies

of latest Income Tax Returns and Statement of Affairs of the Personal

Guarantor and Learned Counsel for the Guarantor has been directed to file an

Affidavit alongwith the Income Tax Returns for the last three years. The

Appellant had also filed an earlier Appeal against the order dated 09.12.2021

passed in the same I.A. No. 309/JPR/2021 where the Adjudicating Authority

has directed the Personal Guarantor to ensure that the copies of the Income

Tax Returns against the Appeal was also filed which Appeal was withdrawn by

the Appellant by order dated 13.01.2022.

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2. We are of the view that there are no grounds to entertain this Appeal

against the order impugned. The proceedings under Section 95 being pending

before the Adjudicating Authority, we see no reason to entertain this Appeal.

3. Learned Counsel for the Appellant submits that some settlements have

arrived by the Appellant with the Bank. In event, there is any settlement

between the parties, it is always open for the Appellant to file an Application

before the Adjudicating Authority bringing the settlement on record on which

appropriate decision shall be taken by the Adjudicating Authority.

4. With these observations, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Shreesha Merla] Member (Technical)

Anjali/nn

Comp. App. (AT) (Ins.) No. 273 of 2022