Kwality Catering Services vs Vineeta Maheshwari Resolution ...

Kwality Catering Services ...Appellant

Versus

Vineeta Maheshwari & Anr. ...Respondents

Present: For Appellant: Mr. Dhaval Deshpande, Advocate. For Respondents: Mr. Amir Arsiwala, Advocate for R-2.

ORDER

01.06.2023: This Appeal has been filed against the order dated

04.05.2023 passed by the Adjudicating Authority. Learned counsel for the

Appellant submits that by the said order the Adjudicating Authority has

directed the Appellant to evict from the license premises and to pay the

outstanding licensee dues. Learned counsel for the Appellant submits that

the said order has been passed ex-parte since the Appellant was not served

with the application.

2. In view of the above, we are of the view that the remedy available to the

Appellant is to file an application under Rule 49 of the NCLT Rules, 2016

before the Adjudicating Authority praying for recall of the ex-parte order. We

are of the view that if such application is filed by the Appellant, the same shall

be considered and decided by the Adjudicating Authority in accordance with

law.

Cont'd.../ -2-

3. Learned counsel for the Appellant submits that he shall submit that

application within one week. He further submits that matter is already fixed

for 14.06.2023 before the Adjudicating Authority. Since we have permitted

the Appellant to file application and matter is listed on 14.06.2023, the status

quo be maintained till 14.06.2023.

4. Learned counsel for the Liquidator to submits that certain direction

may be issued regarding inspection of the premises. It shall be open for the

Liquidator to make such prayers before the Adjudicating Authority.

5. Appeal is disposed of with these observations. We make it clear that all

contentions of the parties are left open.

[Justice Ashok Bhushan] Chairperson

[Naresh Salecha] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.737 of 2023