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Mordhwaj Singh & Ors vs Nilesh Sharma Resolution Professional ...

National Company Law Appellate Tribunal28 September 2020

Ratio decidendi

The rule this decision rests on

The appeal is not maintainable where the appellant has an interim order of the Adjudicating Authority on the same subject under challenge and has already approached that authority to vacate the interim direction; the appellate tribunal will not entertain an appeal against an interlocutory order in those circumstances. Where an appeal is withdrawn as not maintainable, the appellate tribunal may direct the Adjudicating Authority to dispose of the pending application with expedition, the tribunal being able to do so in the interest of the parties having regard to the facts and circumstances of the case.

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. 836 of 2020IN THE MATTER OF:

Mordhwaj Singh & Ors. ...Appellants

Versus

Nilesh Sharma, Resolution Professional of M/s Today Homes & Infrastructure Pvt. Ltd. & Ors. ...Respondents

Present: For Appellants: Mr. Rajesh Gautam, Advocate. For Respondents: Mr. P. Nagesh and Mr. Milan Singh Negi, Advocates with Mr. Nilesh Sharma, RP Mr. Sumesh Dhawan, Advocate.

ORDER

(Through Virtual Mode)

28.09.2020: Heard Mr. Rajesh Gautam, Advocate representing the Appellant. In

view of the fact that in I.A. No. 3356/2020, the Adjudicating Authority (National

Company Law Tribunal), New Delhi, Court II, in terms of the impugned dated 24th

August, 2020, has only issued notice to Respondents and also passed an ad-interim

direction providing protection and assistance to the Resolution Professional and the

objection raised by Shri P. Nagesh, Advocate representing Respondent No. 1 that

the Appellant has already approached the Adjudicating Authority for vacation of the

interim direction, we are of opinion that the instant appeal would not be

maintainable.

Cont'd.../ -2-

Learned counsel for the Appellant, on being confronted with this situation

offers to withdraw the appeal but prays that the Adjudicating Authority may be

directed to expedite disposal of the application. We accordingly allow withdrawal

of this appeal. Having regard to the facts and circumstances of the case, we direct

the Adjudicating Authority to dispose of the application with utmost expedition,

preferably within two weeks.

Copy of this order be sent to the Adjudicating Authority (National Company

Law Tribunal), New Delhi, Court II for information.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

am/gc

Company Appeal (AT) (Insolvency) No. 836 of 2020

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