Greenopolis Welfare Confederation vs Sh Pradeep Kumar Kaushik
- CitationCompany Appeal (AT) (Ins.) No. 824 of 2023
Ratio decidendi
The rule this decision rests on
The order contains no reasoning from which a legal principle can be extracted. The Tribunal declines to interfere with the Adjudicating Authority's order on the basis of "the facts of the present case and the submissions made," without stating any rule, and its directions (that the Adjudicating Authority decide the pending applications on the fixed date, and that the Applicant may seek consideration of a further application) are procedural case-management directions rather than a decision resting on a stated legal principle. NO_RATIO: The disposal rests on case-specific procedural directions with no stated legal reasoning or principle of law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Greenopolis Welfare Confederation ...Appellant
Versus
Pradeep Kumar Kaushik ...Respondent Resolution Professional Three C Shelters Pvt. Ltd.
Present: For Appellant: Mr. Ramji Srinivasan, Sr. Advocate with Ms. Shruti Pandey, Ms. Namrata Saraogi, Mr. Prageet Rathi, Advocates. For Respondent: Mr. Gaurav Mitra, Mr. Shivam Singh, Mr. Ishwar Singh, Mrs. Vijyeta Singh, Advocates for IRP. Mr. Maninder Singh, Sr. Advocate, Ms. Jyoti Taneja, Mr. Prabhas Bajaj, Mr. Jai Batra, Advocates for ORRIS. Mr. Savar Mahajan for GWA. Mr. Rishi Kapoor for Homebuyer.
ORDER
06.07.2023: Heard Mr. Ramji Srinivasan, Learned Senior Counsel for the Appellant and Mr. Gaurav Mitra, Learned Counsel for the IRP.
2. This appeal has been filed against the order dated 26.05.2023 passed by the Adjudicating Authority in I.A. No. 798/ND/2023 and I.A. No. 1483/ND/ 2023. The Adjudicating Authority by the said order has directed for verification exercised to be done within a period prescribed. The grievance of the appellant raised in the appeal is that the verification exercised cannot be completed unless the relevant records are received from the ex-promoters as well as the ex- interim resolution professional.
3. It is submitted that I.A. No. 2442/ND/2023 was filed by the IRP against the ex-promoters and sought direction for providing relevant registers and records which application is still pending and no orders were passed.
4. Learned Counsel for the Appellant has brought to notice another order passed by Adjudicating Authority on 12.06.2023 on I.A. No. 3219/ND/2023
Cont'd.../ -2-
which was filed by IRP under Section 19 sub-Section 2 on which notices were issued on 24.07.2023 has been fixed.
5. Learned Counsel for the IRP submits that in the I.A. No. 3219/ND/2023 prayers have also been made against the ex-promoters.
6. Mr. Maninder Singh, Learned Senior Counsel is appearing for the ORRIS submitted that another I.A. No. 1722/ND/2022 is pending consideration which also needs to be considered.
7. We have considered submissions of Learned Counsel for the parties and perused the record.
8. In the facts of the present case and the submissions made by the Appellant, we do not find any good ground to interfere with the order dated 26.05.2023.
9. Learned Adjudicating Authority having already issued notice on Section 19(2) application and fixed 24.07.2023, we are of the view that Adjudicating Authority may pass appropriate order on the said application I.A. No. 3219/ND/2023 as well as on I.A. No. 2442/ND/2023 on the date fixed i.e. 24.07.2023.
10. With regard to I.A. No. 1722/ND/2022 it is open for the Applicant to make a request to the Adjudicating Authority to also consider said application.
11. With these observations, the appeal stands disposed of.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
sa/nn
Company Appeal (AT) (Ins.) No. 824 of 2023
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