Gurpreet Singh Chadha &Others vs M/S International Recreation And ...
- CitationComp. App. (AT) (Ins) No. 480 of 2021
Ratio decidendi
The rule this decision rests on
The appeal against an order of the Adjudicating Authority is not maintainable where the Supreme Court has held, in Jaypee Kensington Boulevard Apartments Welfare Association v. NBCC (India) Ltd., that no appeal lies against the impugned type of order, and no contrary authority has been placed before the Tribunal to displace that decision.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Comp. App. (AT) (Ins) No. 480 of 2021 & I.A. No. 1263, 1264, 1265, 2012 of 2021 & 3389 of 2022 & 109, 1230 of 2023 IN THE MATTER OF: Gurpreet Singh Chadha & Ors. ...Appellants
Versus
International Recreation and Amusement Ltd. Through Resolution Professional & Ors ...Respondents
Present: For Appellants : Mr. Siddharth Banthia, Advocate. Mr. Rishi Tutu, for Impleader. Mr. Alok Sangwan & Mr. Anurag Kulharia, for IA 3384 of 2022.
For Respondents : Mr. Abhishek Anand, Mr. Mohak Sharma & Mohd. Nazim, Advocates. Mr. Nilotpal Shyam, for R-2.
ORDER
Per: Justice Rakesh Kumar Jain: (Oral)
04.10.2023 This Appeal is directed against the order dated 31.05.2021
by which two applications bearing I.A. No. 4464 of 2020 and I.A. No. 4563 of
2020 filed in CP No. (IB) 297 (PB)/2018 by the present Applicants were
dismissed by the Adjudicating Authority (National Company Law Tribunal, New
Delhi, Principal Bench).
2. At the outset, Counsel appearing for Respondent No. 1 has raised a
primarily objection about the maintainability of the present Appeal. He has not
only referred to Para 6 and Para 12 of the Impugned Order but also referred to
a decision of the Hon'ble Supreme Court in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors.
Reported in 2022 SCC 401 vide order dated 24.03.2021.
3. The same argument was raised on the last hearing and the Appellant
was granted time to cite Judgment to the contrary. Today, Learned Counsel for
the Appellant submits that there is no Judgment to the contrary to Judgment
cited by the Counsel for the Respondent in the matter of Jaypee Kensington
(Supra).
4. In view, thereof, we are of the considered opinion that there is no error in
the Impugned Order and hence the present Appeal is hereby dismissed as not
maintainable.
[Justice Rakesh Kumar Jain] Member (Judicial)
[Mr. Naresh Salecha] Member (Technical) Sim/Ravi
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