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Mrs Sindhuja Mishra vs Atul Mittal Resolution Professional Of ...

National Company Law Appellate Tribunal1 August 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellant has adequate recourse under Rule 49(2) of the NCLT Rules, 2016, to seek recall or setting aside of an order passed ex parte, before the Adjudicating Authority, and an appeal against such an order is therefore not the appropriate remedy on the ground that the Appellant was not heard.

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. 1024 of 2023IN THE MATTER OF:

Mrs. Sindhuja Mishra ...Appellant

Versus

Atul Mittal ...Respondents Resolution Professional of IIHT Systems Ltd.

Present: For Appellant: Advocate Gaurav Mitra, Advocate Rishi Sood, Advocate Shresth Garg For Respondent:

ORDER

01.08.2023: Heard Learned Counsel for the Appellant and Learned

Counsel appearing for the Resolution Professional.

2. This Appeal has been filed against the Order dated 14th July, 2023

passed by the National Company Law Tribunal, New Delhi Court III on an

Application filed under Section 66(1) of the Code.

3. Learned Counsel for the Appellant submits that the Order has been

passed without hearing the Appellant. It is submitted that order is ex-parte to

the Appellant and deserves to be set aside on this ground alone.

4. We are of the view that Appellant has adequate recourse under NCLT

Rules 49(2) to file an application.

-2-

5. Learned Counsel for the Appellant submits that he may be permitted to

withdraw this Appeal with liberty to file an application under Rule 49(2) of

NCLT Rules, 2016.

6. We permit the Appellant to withdraw this Appeal with liberty to file an

Application before the Adjudicating Authority in view of the aforesaid rules.

We have no doubt that Application which is to be filed under NCLT Rule 49(2)

before the Adjudicating Authority may expeditiously be heard.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 1024/2023

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