Ganpati Global Pvt. Ltd vs Catalyst Refinery Pvt. Ltd

Ganpati Global Pvt. Ltd. ...Appellant

Versus

Catalyst Refinery Services Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Rishabh Khandelwal, Advocate. For Respondent:

ORDER

(Virtual Mode)

12.04.2022: Heard learned counsel for the Appellant. This Appeal has

been filed against the order dated 25.03.2022 by which the Adjudicating

Authority has directed the Appellant to file consolidated reply, failing which

the Application on maintainability will be considered his reply.

2. Learned counsel for the Appellant submits that he has raised objection

regarding maintainability of Section 7 Application which needs to be decided

as preliminary issue before deciding Section 7 Application. He submits that

he is ready to file his reply. He submits that the maintainability issue may be

considered by the Adjudicating Authority on the next date.

3. We have considered submission of learned counsel for the Appellant.

We are of the view that all issues including issue of maintainability of Section

7 Application is to be decided at the time of deciding the Section 7 Application.

There is no necessity in the present case to decide maintainability issue

separately. When the maintainability issue arises out of pleadings of the

Cont'd.../ -2-

parties i.e. Appellant, the same can be looked into and decided by the

Adjudicating Authority by admitting or rejecting the Section 7 Application. We

are of the view that the prayer as has been made by the Appellant in the Appeal

cannot be accepted. There is no merit in the Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Shreesha Merla] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 403 of 2022