M/S Perfect Infraengineers Limited vs M/S Lg Electronics India Pvt. Ltd

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEAL (AT)(INSOLVENCY) NO.154 OF 2022 In the matter of: Perfect Infraengineers Ltd Appellant Vs L.G. Electronics India Pvt Ltd Respondent Present: Mr. Ashutosh Kr Singh, Ms Farheen Penwale, Advocates for Appellant.

ORDER

VIRTUAL MODE 18.02.2022: Heard Ms Farheen Penwal, the Learned Counsel appearing for

the Appellant.

According to the Learned Counsel for the Appellant, the impugned order

in IB/358//ND/2020 was passed by the 'Adjudicating Authority' (National

Company Law Tribunal, Court V, Special Bench, New Delhi) on 09.11.2021

whereby and whereunder the Adjudicating Authority had observed that "In

the present matter, Learned Counsel for the Applicant stated that service has

been affected, but the affidavit of service has not been filed on record.

Accordingly, let a fresh notice be issued in the concerned party and affidavit of

service must be placed on record positively by on or before the next date of

hearing and the matter was directed to be listed on 14.12.2021.

The grievance of the Appellant is that the 'Adjudicating Authority' has

incorrectly passed the impugned order directing the Appellant to re-serve copy

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of the aforesaid petition to the 'Respondent' and to file 'Fresh Affidavit' of

service and adjourned the matter to 14.12.2021.

It is represented on behalf of the Appellant that on 14.12.2021, the

Adjudicating Authority had inter alia directed the petitioner to serve copy of

the petition on the Email ID of the Respondent Counsel by tomorrow and the

Respondent counsel was directed to share the Email ID with the Petitioner in

the course of the day and based on the request of the Learned Counsel for the

Respondent, two weeks' time was granted to file Reply and it was further

observed that 'no further adjournment will be granted on any ground' and

further that Rejoinder, if any, be filed within a week from the date of receipt

of the Reply and directed that the matter to be listed on 13.01.2022.

It is brought to the fore on behalf of the Appellant that on 13.01.2022

and on 17.01.2022 the matter could not be taken up by the Adjudicating

Authority because of the paucity of time and even on 03.02.2022 the matter

could not be taken up by the Adjudicating Authority owing to paucity of time

and now the matter is slated on 28.02.2022.

The limited prayer of the Learned Counsel for the Appellant is that

already the Adjudicating Authority had observed in its order dated 14.12.2021

passed earlier that no further adjournment is to be granted on any score and

during the next date of hearing on 28.02.2022 the Respondent is to file its

Reply without precipitating the matter any further and for filing of Rejoinder,

if any, some time must be granted to the Appellant.

Considering the fact that the Adjudicating Authority on earlier

occasions had observed that no further adjournment will be granted for filing

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of the Reply by the Respondent and despite the same the matter is likely to

come up on 28.02.2022 for the purpose of filing the Reply of the Respondent,

this 'Tribunal' on the basis of fair play and good conscience directs the

Respondent to file the Reply before 28.02.2022 and to serve the copy to the

Learned Counsel for the other side, well in advance before the next date of

hearing. It is made clear that the 'Adjudicating Authority' shall not grant any

further time for filing of 'Reply' to the Respondent so as to unnecessarily delay

the matter any further to prevent an aberration of justice, and to secure the

ends of justice.

With the aforesaid observations the instant Company

Appeal(AT)(Insolvency) No.154/2022 stands disposed off. No costs.

(Justice M. Venugopal) Member (Judicial)

(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gc

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