Ishrat Ali vs The Registrar Nclt Mumbai Bench

Ishrat Ali ...Appellant

Versus

The Registrar, National Company Law Tribunal, Mumbai Bench ...Respondent

Present: For Appellant: Mr. Abhijeet Sinha, Mr. Ashish Choudhury and Mr. Dhruv Surana, Advocates. For Respondent:

ORDER

(Virtual Mode)

13.04.2022: This Appeal has been filed against order dated 01.09.2021

passed by the Adjudicating Authority by which the MA No. 3592/2019 filed by

the applicant has been rejected. The MA No. 3592/2019 was filed by the

Corporate Debtor for clarification in uploading the order passed by the

Adjudicating Authority dated 23.09.2019 by which the Application under

Section 7 was admitted. Against the said order an Appeal was filed before the

Hon'ble Supreme Court being Civil Appeal No. 2209/2020 in which the

Hon'ble Supreme Court vide its order dated 09.08.2021 has disposed of the

Appeal by setting aside the order dated 23.09.2019 passed by the Adjudicating

Authority and the applications were revived before the Adjudicating Authority.

2. By MA. No. 3592/2019, the Corporate Debtor sought to raise issues

regarding uploading of order dated 23.09.2019 which has already been set

Cont'd.../ -2-

aside by the Hon'ble Supreme Court and application under Section 7 and other

applications have been revived.

3. In view of the above, we see no justification in proceeding with matter

regarding clarification on uploading of order dated 23.09.2019. The order

dated 23.09.2019 having been set aside is no more in existence and there was

no requirement of clarification on uploading of the said order. We are of the

view that the Adjudicating Authority has rightly rejected the I.A. as it has

become infructuous. We dismiss the Appeal accordingly.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Shreesha Merla] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 372 of 2022