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Kamesh Badhana vs Govind Ram & Ors

National Company Law Appellate Tribunal14 December 2018

Ratio decidendi

The rule this decision rests on

The application for review or recall of an order of the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016, was not maintainable, and the Adjudicating Authority was therefore right to reject it. An order of liquidation not under challenge in the appeal before the Tribunal cannot be examined in that appeal for its legality, and a consequential refusal to stay publication made in respect of that unchallenged order does not fall within the appeal's scope.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No.780 of 2018IN THE MATTER OF:Kamesh Badhana ...AppellantVersusGovind Ram & Ors. ...RespondentsPresent:

For Appellant : Mr. Arjun Kant and Mr. Adarsh Chamoli, Advocates

ORDER

14.12.2018 Having heard learned counsel for the appellant and being

satisfied with the grounds, delay of 7 days in preferring the appeal is condoned.

I.A. No. 2041 of 2018 stands disposed of.

This appeal has been preferred by promoters of the 'Corporate Debtor'

against the order dated 1st November 2018 passed by Adjudicating Authority

(National Company Law Tribunal) New Delhi Bench whereby and whereunder

Miscellaneous Application preferred by appellant (promoter) for review and recall

of order dated 13th April, 2018 has been rejected being not maintainable.

Having heard the learned counsel for the appellant, we are of the view that

the application for review or recall was not maintainable and, therefore, the

Adjudicating Authority righty rejected the same.

In so far as the liberty of the proceeding of publication dated 25th October,

2018 is concern, the order of liquidation has been passed on 11th October, 2018

and the said order not being under challenge, the Adjudicating Authority rightly -2-

refused to stay publication in the newspaper as ordered on 25th October, 2018.

This apart, the order dated 11th October, 2018 or the order dated 25th October,

2018, are not under challenge in this appeal. Therefore, we cannot deliberate

on such issue as to whether order dated 11th October, 2018 is in accordance

with law or not.

Learned counsel for the appellant submits that the order of liquidation is

under challenge in some other appeal which is yet to be heard. In such case, we

allow the learned counsel for the appellant to assist the Appellate Tribunal in the

said appeal.

The appeal is dismissed with the aforesaid observations. However, the

present order will not come in the way of decision in 'Company Appeal No. 721

of 2018' wherein order of liquidation is under challenge.

[Justice S.J. Mukhopadhaya] Chairperson

[ JusticeBansi Lal Bhat ] Member(Judicial)

/ns/gc/

Company Appeal (AT) (Insolvency) No.780 of 2018

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