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M/S. Dilawri Motors Pvt. Ltd. And Ors vs Shri T.R. Arya

National Company Law Appellate Tribunal3 January 2025

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

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) No. 415 of 2024

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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