Mr. Hemendra Bosmiya vs Vistra Itcl (India) Ltd. & Ors

Mr. Hemendra Bosmiya ....Appellant Vs. Vistra ITCL (India) Ltd. & Ors. ...Respondents For Appellant: Ms. Pratiksha Sharma, Mr. Kunal Kanungo, Mr. Shivanker Behr, Mr. Atishay Jain, Mr. Ankit Acharya, Advocates. For Respondents:

ORDER

(Through Virtual Mode)

15.03.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 08.11.2021 passed

by the Adjudicating Authority (National Company Law Tribunal), Mumbai

Bench, Court III, by which order the Adjudicating Authority has directed the

Resolution Professional to submit a report after exercising power enumerated

under Section 99 of the Insolvency and Bankruptcy Code, 2016.

3. Learned Counsel for the Appellant submits that there was defects in the

Application and the Application was barred by time. It is submitted that Reply

was submitted by the Appellant one day before at 20:17 P.M. but the Court

has wrongly observed that Reply has not been filed.

4. We have considered the submissions of the Learned Counsel for the

Appellant and perused the record.

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5. After submission of the report by the Resolution Professional, the

Adjudicating Authority is yet to admit or reject the Application. The Appellant

who is already before the Adjudicating Authority is entitled to raise the

objection before the Adjudicating Authority at the time when the Application

comes for consideration for admission or rejection. Since the Appellant has

still at liberty to raise its objection before the Adjudicating Authority, we are

of the view, at this stage, there is no good grounds to entertain this Appeal.

6. We dismiss this Appeal subject to liberty to the Appellant to raise its

objections at the time of admission or rejection of the Application by the

Adjudicating Authority.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical) Anjali/nn