Katariya Infraproject Pvt. Ltd. & Anr vs Mr. Mukesh Kumar Jain

IN THE MATTER OF: Katariya Infraproject Pvt. Ltd. & Anr in Consortium with Raj Radhe Finance Ltd. ...Appellant(s)

Versus

Mukesh Kumar Jain, Mavent Restructuring Services LLP ...Respondent(s)

Present: For Appellant : Mr. Karan Valecha, Mr. Jaimin and Ms. Shivani Khandelwal, Advocates.

For Respondent : Mr. Sumant Batra, Mr. Sarthak Bhandari and Ms. Riya Kaur Arora, Advocates for Liquidator.

ORDER

(Hybrid Mode)

06.10.2025 Heard Ld. Counsel for the Appellant. This appeal has been

filed against the order passed by the Adjudicating Authority dated 16.05.2025

by which order Adjudicating Authority has disposed of the I.A. No. 249

(Ahmedabad) 2025 filed by the Appellant where the Appellant has prayed for

granting reliefs and concession and direction as per Annexure-H to the

application. The Adjudicating Authority by the impugned order has disposed

of the application and in para 9 has noticed the reliefs and concession which

has been granted.

2. Ld. Counsel for the Appellant submits that the Appellant has

prayed several other reliefs which were reflected in Annexure-H which has not

been considered. It is submitted that an additional affidavit has been filed on

behalf of the Appellant where comparative tabular chart in relation to reliefs

and concession sought by the Appellant which has not been granted has been

tabulated. Ld. Counsel for the Appellant submits that no reasons have been given by the Adjudicating Authority for not granting the reliefs as prayed in

Annexure-H.

3. We have also heard Ld. Counsel appearing for the Respondent

Mr. Sumant Batra.

4. We have considered the submission of Ld. Counsel for the

Appellant and perused the record.

5. When we look into the order passed by the Adjudicating

Authority, it is clear that the reliefs and concession are noticed in para 9

which has been granted. The reliefs and concession which were claimed where

larger reliefs and concession which is reflected from Annexure-H. But the

order does not indicate that there is any consideration of the said reliefs and

reason for refusal to grant the said relief.

6. In the facts of the present case, we are of the view that ends of

Justice be served in giving the liberty to the Appellant to file a fresh

application giving details of the reliefs and concession which Appellant still

want to press before the Adjudicating Authority. In event said application is

filed the Adjudicating Authority shall consider the same and pass a fresh

order without being influenced by the impugned order. We further observe

that the Adjudicating Authority shall consider the application and dispose of

the same expeditiously.

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7. The appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical) Abhishek/nn

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