Miss Lucy
← All judgments

M/S Mak Architecture - A Proprietorship ... vs Mr Trupalkumar Patel Resolution ...

National Company Law Appellate Tribunal13 December 2021

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority is entitled to refuse to entertain a resolution applicant's plan, submitted after the prescribed time for expressions of interest and for submission of plans has expired, where the applicant failed to submit its expression of interest within the time allowed and the corporate insolvency resolution process has reached its final stage.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins) No.989 of 2021IN THE MATTER OF:

MAK Architecture - A Proprietorship Firm ...Appellant

Versus

Trupalkumar Patel ...Respondents Resolution Professional of M/s. Heavy Metal and Tubes Ltd. & Ors.

For Appellant: Mr. Vishvanath Agarwal, Advocate

For Respondent: Mr. Amit Singh Chaddha, S. Advocate with Mr. Anup Sayare (R1) Mr. Pavan S Godiawala (RP)

ORDER

(Virtual Mode)

13.12.2021 Heard learned Counsel for the Appellant. This Appeal has

been filed against the Order dated 06.09.2021 passed by National Company

Law Tribunal, Ahmedabad Court - 2 in IA/407(AHM)2021 in CP(IB) 206 of

2019 by which Order the Application 407 of 2021 filed by the Applicant had

been rejected by the Adjudicating Authority. The Appellant had not submitted

the EOI within the time allowed and thereafter, the time for submitting the

Plan had also elapsed. Thereafter, the Applicant came with an Application to

accept his Plan before the Adjudicating Authority. The Adjudicating Authority

has refused to allow the Application and has observed that CIRP is at the final

stage.

2

The Adjudicating Authority has committed no error in rejecting the

Application filed by the Applicant since the Appellant could not submit the

EOI within the prescribed time.

There is no merit in the Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical) rs/nn

Company Appeal (AT) (Ins) No.989 of 2021

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free