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Manish Jain vs Dreamlands Realtors (P) Ltd. & Anr

National Company Law Appellate Tribunal30 May 2019

Ratio decidendi

The rule this decision rests on

The appeal was filed after a delay of 228 days, and the Tribunal held that under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 it has no jurisdiction to condone such delay beyond the prescribed period; the appeal was therefore disposed of without going into its merits. The Tribunal further held that an order of the Adjudicating Authority or of the Appellate Tribunal does not stand in the way of a Liquidator proceeding in accordance with an earlier decision of the Appellate Tribunal, and it disposed of the appeal with that observation, without costs.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 590 of 2019

IN THE MATTER OF: Manish Jain ...Appellant Vs Dreamlands Realtors (P) Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Sanjeev Sagar and Ms. Nazia Parveen, Advocates. For Respondents:

ORDER

01.05.2019: This appeal has been preferred by the Appellant, Director/

Shareholder of 'M/s Dreamlands Realtors (P) Ltd.' against order dated 10th

October, 2018, which reads as follows:-

"ORDER

Written communication has been placed on record in Form 2

along with the certificate of registration by the proposed

liquidator. The Committee of Creditor comprises of only the

applicant Bank. In view of the resolution passed by the COC,

Mr. Rakesh Bhatia the Insolvency Professional is hereby

appointed as the Liquidator to deal with the assets of the

Corporate Debtor. Let interim report be filed."

Company Appeal (AT) (Insolvency) No. 590 of 2019 -2-

2. As the present appeal has been preferred after delay of 228 days, this

Appellate Tribunal has no jurisdiction to condone the delay in the view of Section

61(2) of the Insolvency and Bankruptcy Code, 2016. However, the order passed

by the Adjudicating Authority or by this Appellate Tribunal will not come in the

way of the Liquidator to proceed in accordance with the decision of this Appellate

Tribunal in "Y. Shivram Prasad Vs. S. Dhanapal & Ors. etc. - Company

Appeal (AT) (Insolvency) No. 224 of 2018 & 286 of 2018', disposed of on

27th February, 2019".

3. The appeal stands disposed of with aforesaid observation. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A. I. S. Cheema] Member (Judicial)

(Kanthi Narahari) Member (Technical) am/sk

Company Appeal (AT) (Insolvency) No. 590 of 2019

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