Gammon Engineers And Contractors ... vs Vishwanath Industries

Gammon Engineers & Contractors Pvt. Ltd. ....Appellant Vs. Vishwanath Industries ...Respondent

For Appellant Mr. Pradnyesh Sabnis, Advocate. For Respondent

ORDER

(HYBRID MODE)

22.11.2023: I.A. No. 5193 of 2023:- This is an application praying for

Condonation of 108 days' delay in re-filing the Appeal. Learned Counsel for

the Appellant submits that the defects were communicated on several

occasions and defects could not be cleared since Appellant is based in Mumbai

and a large number of pages had to be re-typed. Cause shown sufficient. Delay

is condoned. IA No.5193 of 2023 is disposed of.

Company Appeal (AT) (Insolvency) No. 1478 of 2023 :-

This is an appeal against the order dated 18.05.2023 passed by the

Adjudicating Authority (National Company Law Tribunal), Mumbai Bench,

Court-II, has allowed IA No.2037 of 2022 filed by the Applicant to implead the

Gammon Engineers and Contractors Private Limited as Respondent.

Application under Section 9 was filed by the Operational Creditor against 2

Gammon India Ltd. Operational Creditor filed an application for impleadment

of Gammon Engineers and Contractors Private Limited who as per the Scheme

of Arrangement sanctioned by NCLT vide order dated 22.03.2017 has been

substituted in place of Gammon India Limited. The Adjudicating Authority

has allowed the application. Aggrieved by the said order, Appellant has come

up in this Appeal.

2. Learned Counsel for the Appellant submits that the order has been

passed without considering the objection raised by the Appellant. It is

submitted that the Demand Notice was issued to Gammon India Ltd., hence,

the Appellant cannot be substituted. It is further submitted that in the reply

to the Demand Notice it has been already intimated to the Operational

Creditor that in place of Gammon India Ltd., now Gammon Engineers and

Contractors Private Limited has taken all assets and liabilities.

3. We have considered the submissions raised by the Counsel for the

Appellant. It is a case of the Appellant itself that it has taken place of Gammon

India Ltd. by virtue of arrangement scheme sanctioned by NCLT by order

dated 22.03.2017. Application under Section 9 was filed by Gammon India

Ltd., the predecessor in interest of the Appellant. By the application only the

name of the Appellant has been substituted in place of predecessor in interest,

in which we do not find any illegality.

4. Insofar as the submissions raised on the merits of Section 9 application,

it is always open for the Appellant to press it at the time of hearing of Section

9 application.

Company Appeal (AT) (Insolvency) No. 1478 of 2023 & I.A. No. 5193 of 2023 3

5. With these observations, we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Anjali/nn

Company Appeal (AT) (Insolvency) No. 1478 of 2023 & I.A. No. 5193 of 2023