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Lakshmi Energy & Foods Ltd vs Icici Bank Ltd

National Company Law Appellate Tribunal2 August 2019

Ratio decidendi

The rule this decision rests on

The appeal is dismissed without interference with the Adjudicating Authority's refusal to grant further adjournment, and the reasoning rests on the following: where a corporate debtor has repeatedly obtained adjournments of a Section 7 application under the Insolvency and Bankruptcy Code, 2016, and the Adjudicating Authority has earlier directed that pleadings be completed before the next date, the Adjudicating Authority is entitled to refuse a further adjournment sought on the ground that an appeal or special leave petition is pending elsewhere, where no stay of the insolvency proceedings has been granted by any court. Pendency of proceedings before a higher forum, without an order staying the insolvency proceedings, does not by itself prevent the Adjudicating Authority from proceeding with the hearing of the application under Section 7 of the Code. Where the Adjudicating Authority has already concluded hearing and reserved orders on the application, the appellate tribunal will not interfere with an interlocutory order refusing adjournment, the remedy being preserved for the aggrieved party to appeal against the final order when passed.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency)No.784 of 2019

IN THE MATTER OF: Lakshmi Energy & Foods Ltd. .....Appellant Vs. ICICI Bank Ltd. ......Respondent

Present : For Appellant: Mr. R. Rudreshwar Singh, Mr. Gautam Singh, Advocates

For Respondents: Mr. Anand Shankar Jha, Advocate

O R D E R

02.08.2019 - The Appellant - 'Lakshmi Energy & Foods Ltd.' ('Corporate

Debtor') has preferred this appeal against the order dated 11th July, 2019 passed

by the Adjudicating Authority ('National Company Law Tribunal') Chandigarh

Bench, Chandigarh which reads as follows:-

CA No. 475/2019

"This application dated 08.07.2019 is

in a way another attempt to seek adjournment on

the ground that the respondent-corporate debtor

has filed SLP before the Hon'ble Supreme Court.

....contd.

2

The learned counsel for the petitioner strongly

contests the same and submits that there is no stay

granted by any Court for proceedings under the

Insolvency and Bankruptcy Code, 2016. It is

noticed that number of opportunities were granted

on earlier occasions and on the previous dated of

26.04.2019, after seeing the conduct and delay in

the proceedings, it was made clear that pleadings

be completed in the main case well in advance

before the next date and the matter was adjourned

to 11.07.2019"

2. The application u/s 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B'

Code, for short) was filed by 'ICICI Bank Ltd.' ('Financial Creditor') for initiation

of 'Corporate Insolvency Resolution Process' against the Appellant - 'Lakshmi

Energy & Foods Ltd.' in the year 2018 which remained pending for about one

year after one or other ground. The matter was adjourned on the request of the

Appellant who earlier moved before the Hon'ble High Court and thereafter before

the Hon'ble Supreme Court which were also dismissed. For the reason aforesaid,

the Adjudicating Authority refused to grant more time to the Appellant and the

impugned order was passed.

...contd.

3

3. Mr. Anand Shankar Jha, learned counsel appearing on behalf of the ICICI

Bank Ltd. submits that hearing of application u/s 7 of the 'I&B' Code preferred

by ICICI Bank Ltd. have already been concluded and order has been reserved by

the Adjudicating Authority.

4. In the facts and circumstances of the case, we are not inclined to interfere

with the impugned order. However, this order will not come in the way of

aggrieved person to prefer appeal, if against the order as may be passed by the

Adjudicating Authority.

The appeal is disposed of with the aforesaid observation. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A. I. S. Cheema] Member (Judicial)

[Kanthi Narahari] Member (Technical)

ss/gc

Company Appeal (AT) (Insolvency)No.784 of 2019

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