M/S Ansal Properties And ... vs M/S Damia Group Holding

Ansal Properties and Infrastructure Ltd. Through its ....Appellant Authorised representative F.N. Rai Vs. Dalmia Group Holdings ...Respondent For Appellant: Mr. Gopal Jain, Senior Advocate with Mr. NPS Chawla, Mr. Ankit Sharma, Mr. Sujoy Datta, Ms. Kinjal Goyal, Advocates.

For Respondent: Mr. Darpan Wadhwa, Senior Advocate with Ms. Neelakshi Dhadauria, Mr. Amer Vaid, Ms. Hancy Maini, Mr. Varun Khanna, Advocates.

ORDER

(Through Virtual Mode)

27.04.2022: Heard Shri Gopal Jain, Learned Senior Counsel for the

Appellant and Shri Darpan Wadhwa, Learned Senior Counsel for the

Respondent.

2. This Appeal has been filed against the order dated 20.04.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi

Bench (Court-II). The order passed on 20.04.2022 is to the following effect:-

"Heard the Ld. Sr. Counsel appearing for the

Applicant. The matter was passed over on the request

of the Ld. Counsel for the Respondent for the 2

arguments of the Respondent and the matter was

again taken up at 1:00 pm.

Ld. Counsel appearing for the Respondent instead of

arguing the matter, again sought an adjournment to

settle the matter or refund the amount. Since we have

already rejected the prayer to adjourn the matter,

therefore, in terms of the order dated 29.03.2022 by

which the last chance was given to the parties to

settle the matter, failing which the matter will be

heard, we are not inclined to review the order. Since

the Respondent has not commenced his arguments

despite repeated opportunity and is not inclined to

argue the matter therefore, its right to argue is hereby

closed.

However, both the parties are directed to file written

synopsis, if any, of not more than 3 pages within 3

days.

Heard. Order reserved."

3. On 29.03.2022, the Adjudicating Authority has passed the following

order:-

"Learned Counsel for the Applicant submits that the

settlement is under progress. We notice that on the

Comp. App. (AT) (Ins.) No. 463 of 2022 3

last date 24.02.2022 too, the same submission was

made. Last chance is given to the parties to settle the

matter, failing which the matter will be heard. List on

20.04.2022."

4. Learned Counsel for the Appellant submits that although Appellant was

ready to address his submission but opportunity was not granted to address

the submission. Hence, one opportunity be given to the Appellant to make his

oral submission.

5. We have considered the submissions of the Learned Counsel for the

parties and perused the record.

6. The Adjudicating Authority on 20.04.2022 has categorically observed:-

"Since the Respondent has not commenced his

arguments despite repeated opportunity and is not

inclined to argue the matter therefore, its right to

argue is hereby closed".

7. Both the parties had been permitted to file Written Submissions within

3 days and order was reserved.

8. After having heard the Counsel for the parties and perusing the record,

we are of the view that what was recorded in the Court proceedings on

20.04.2022 cannot be allowed to be questioned by Appellant. We have to

proceed on the premise that recording of the proceeding is correct as is

Comp. App. (AT) (Ins.) No. 463 of 2022 4

reflected in the order dated 20.04.2022. On 29.03.2022, it was made clear by

the Adjudicating Authority that last chance is given to the parties to settle the

matter failing which, the matter will be heard and if no settlement is taken

place, the parties has to address their submissions on merits. The Respondent

has not made submission on the date fixed. We see no reason to entertain this

Appeal.

9. Learned Counsel for the Appellant submitted that Reply has already

been filed and the Adjudicating Authority has granted time to file Written

Submissions. We, thus, are of the view that no ground has been made out to

entertain this Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical)

Anjali/nn

Comp. App. (AT) (Ins.) No. 463 of 2022