Miss Lucy
← All judgments

Kapil Shroff vs Soumitra Lahiri

National Company Law Appellate Tribunal18 March 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where the Adjudicating Authority has extended the liquidation period and has itself directed that the liquidator shall not seek any further extension, an appeal against that extension order may be dismissed without interference, since the Adjudicating Authority's own direction forecloses any apprehension of a further extension application. A liquidator who has already been granted time on repeated occasions, including a last opportunity, is not entitled to a further adjournment on the same footing, and the Appellate Tribunal may refuse such a prayer where the earlier indulgences have been expressly limited.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 2298 of 2024

IN THE MATTER OF: Kapil Shroff ...Appellant Versus Soumitra Lahiri, Liquidator of Space Matrix Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Mainak Bose, Sr. Advocate with Mr. Anand Sukumar, Mr. S. Sukumaran and Mr. Bhupesh Pathak, Advocates.

For Respondent : Ms. Akanksha Yadav, Liquidator.

ORDER

(Hybrid Mode)

18.03.2025: When the appeal is taken, learned counsel for the

respondent made a request for further time. The liquidator, who appeared

was allowed time on 23.01.2025 to file a reply. Subsequently again on

28.02.2025 liquidator appears and granted two weeks time as a last

opportunity. On 28.02.2025, we have passed the following order:

"Learned counsel for the Liquidator prays for and is allowed, as last opportunity, two weeks' time to file Reply.

As prayed, list this appeal on 18.03.2025."

2. Today when the case is called, learned counsel for the respondent again

makes a request for further time. When the twice time has been allowed to

the liquidator and on the last date on 28.02.2025 we had granted last

opportunity, we are not persuaded to accept the prayer of the liquidator to

grant further time. The prayer of liquidator to grant further time is rejected.

3. This appeal has been filed against an order dated 23.10.2024 passed

by the Adjudicating Authority (National Company Law Tribunal, Division

Bench, Court - II, Kolkata) in I.A. No. 2010/KB/2024, by which order,

Adjudicating Authority has extended the period of liquidation for a further

period of 6 months.

4. Learned Sr. counsel Mr. Bose appearing for the Appellant submits that

liquidator has been making repeated application for extension of liquidation

period. Liquidation order was passed on 24.02.2020 and the liquidation has

been extended from time to time and by the impugned order, liquidator has

extended for further period of 6 months.

5. We have considered the submissions of counsel for the appellant and

perused the record.

6. In para 11 of the order, Adjudicating Authority directed as follow:

"11. In the aforesaid backdrop we condone the delay of 14 days for filing of this present application and allow an extension for a period of 6 months and as such the liquidation process in relation to the Corporate Debtor is required to be completed on or before 24.04.2025. Further, the Liquidator shall make every endeavour to complete the liquidation process within the extended period and not to seek any further extension."

7. The order passed by the Adjudicating Authority on 23.10.2024 has

granted 6 months extension which is expiring on 24.04.2025. The period

granted by the Adjudicating Authority in extension, substantially 5 months

have passed and it is about one month period left in completion of the

liquidation hence we are not persuaded to interfere with the impugned order

passed by the Adjudicating Authority dated 23.10.2024.

Comp. App. (AT) (Ins.) No. 2298 of 2024 2 of 3

8. We however notice that in para 11 Adjudicating Authority has directed

that liquidator shall endeavour to complete the liquidation process within

extended period of 6 months and not to seek any further extension.

9. Adjudicating Authority itself having directed that liquidator not to seek

any further extension, we see no reason to interfere with the order.

Subject to observations as made above, we dismiss the Appeal.

Adjudicating Authority having already observed in para 11 that no

further extension shall be sought by the liquidator, we see no basis for

apprehension of the appellant that liquidator shall file another application.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

himanshu/nn

Comp. App. (AT) (Ins.) No. 2298 of 2024 3 of 3

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free