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Manpasand Beverages Ltd vs Bansal Industries

National Company Law Appellate Tribunal5 September 2023

Ratio decidendi

The rule this decision rests on

Under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, an appeal lies only against an order actually passed by the Adjudicating Authority or Tribunal; an appeal filed where the Tribunal has merely reserved its order, and no order has been pronounced, is not maintainable and is liable to be dismissed.

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) (Insolvency) No. 1152 of 2023IN THE MATTER OF:

Manpasand Beverages Ltd. ...Appellant

Versus

Bansal Industries ...Respondent

Present: For Appellant: Mr. Swaroop George, Advocate For Respondent: Mr. Atul Sharma, Mr. Palash Singhai, Mr. Vikram Choudhary, Advocates

With Company Appeal (AT) (Insolvency) No. 1153 of 2023

IN THE MATTER OF:

Manpasand Beverages Ltd. ...Appellant

Versus

Makers Polyfilms Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Swaroop George, Advocate For Respondent: Mr. Sumit K. Batra, Mr. Naunidh S. Arora, Mr. Manish Khurana, Advocates

ORDER

(Oral)

05.09.2023: This order shall dispose of two Appeals, namely, Company

Appeal (AT) Ins. No. 1152 of 2023 and Company Appeal (AT) Ins. No. 1153 of

2023 which have been filed by the Appellant without any order having been

passed by the Tribunal.

2. Section 61 of IBC, 2016 deals with the Appeals and Appellate Authority.

Section 61(1) provides that any person who is aggrieved by an order can file -2-

an Appeal. In the present case, no order has been passed by the Tribunal as

yet and the Order is only reserved, therefore, the Appeal is not maintainable.

3. Keeping in view the aforesaid facts and circumstances, the present

Appeals are hereby dismissed.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.1152, 1153/2023

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