M/S. Dilawri Motors Pvt. Ltd. And Ors vs Shri T.R. Arya
- CitationCompany Appeal (AT) No. 415 of 2024
Ratio decidendi
The rule this decision rests on
The appellate tribunal's order rests on the following reasoning: where an appellate court has remanded a matter with directions to give both parties an opportunity to file documents, a party that fails to file within the time allowed cannot thereby be denied the opportunity to file, and the tribunal may regularise late filing of documents where they have been served on the opposing party and placed before the bench, so that the remanded hearing may proceed on the record so constituted.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Dilawri Motors Pvt. Ltd. & Ors. ...Appellants Vs. T.R. Arya ...Respondent
Present: For Appellant: Mr. Abhijeet Sinha, Sr. Advocate, Mr. Manish Aggarwal, Mr. Anand Prakash, Advocates
For Respondent: Ms. Nanda Devi Deka, Mr. Rituraj Chaudhary, Advocates
ORDER
(HYBRID MODE)
03.01.2025: This appeal is filed against an impugned order dated
09.12.2024 which read as under:-
"We have heard the submissions of Mr.
Vikas Singh, Ld. Sr. Counsel appearing on
behalf of Applicant in part.
List the matter on 06.01.2025 for further
arguments."
2. It is the submission of Ld. Sr. Counsel for Appellant that earlier
an appeal bearing CA No. 1876/24 was filed by the Appellant herein against
Company Appeal (AT) No. 415 of 2024
1 an order dated 09.01.2024 wherein the following directions were passed in
para 8:-
"We thus set aside the impugned order as it
appears to be incomplete and hence we
remand the matter and direct the Ld. NCLT
to decide it afresh upon giving opportunity
to both the sides to file further documents
relevant to the issues involved. The Ld.
NCLT is requested to hear arguments
expeditiously, preferably within four weeks
from filing of such documents/response
thereupon and to decide the same."
3. In lieu of the directions above, the Learned NCLT on 14.10.2024 had
passed the following order:-
"Ms. Nandadevi Deka, Ld. Counsel
appearing on behalf of Petitioner has submitted
that Hon'ble NCLAT in Company Appeal No. 76
of 2024 passed an order on 25.09.2024 by
which the order dated 09.01.2024 passed by
this Tribunal in CP-30(ND)/2007 was set aside
and the matter has been remanded for de-novo
hearing after giving opportunities to the parties
to file relevant documents.
Company Appeal (AT) No. 415 of 2024
2 She has handed over a copy of the order dated
25.09.2024 passed by Hon'ble NCLAT in court.
She sought two weeks' time for filing the
necessary documents. Dr. Manish Aggarwal, Ld.
Counsel appears on behalf of Respondents.
We grant two weeks' time to both the parties to
file the relevant documents as per the direction
given by the Hon'ble NCLAT.
As agreed by the Ld. Counsel appearing for both
the parties, list CP-30(ND)/2007 for arguments on
09.12.2024".
4. It is submitted by Ld. Sr. Counsel for Appellant despite the directions
given in para 8 of order dated 25.09.2024 of this Tribunal, no opportunity
was given to the Appellant to file its documents; to take it on record and to
file response to documents filed by the Respondent herein.
5. However, from record, we find an opportunity was given to both the
parties to file documents, yet the Appellant herein failed to file its documents
within the period prescribed and rather filed it after seven weeks.
6. In any case, considering the fact the documents were e-filed by the
Appellant on 07.12.2024 and a copy thereof was duly provided to the
Respondent herein and also to the Ld. Bench, hence we only direct the said
documents filed by the Appellants be allowed to be placed on record and
hearing of the company petition may continue as is evident from the order
Company Appeal (AT) No. 415 of 2024
3 dated 09.12.2024. Only with these directions, we dispose of the appeal. All
the pending applications viz. IA No. 8946/24, IA No. 8947/24 are hereby
allowed.
[Justice Yogesh Khanna] Member (Judicial)
[Mr. Indevar Pandey] Member (Technical)
ss/manu
Company Appeal (AT) No. 415 of 2024
4
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