Manpasand Beverages Ltd vs Bansal Industries
- CitationCompany Appeal (AT) (Insolvency) No. 1152 of 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
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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