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Nitin Hasmukhlal Parikh. Rp Of Bhatia ... vs Idbi Bank

National Company Law Appellate Tribunal20 May 2019

Ratio decidendi

The rule this decision rests on

The appeal is not maintainable where it is filed beyond the limitation period prescribed for it, and an appeal so barred is liable to be dismissed as not maintainable. Where an application under Section 33 of the Insolvency and Bankruptcy Code, 2016 has remained pending before the Adjudicating Authority for a considerable period without disposal, the Adjudicating Authority should be directed to decide that application within a fixed, early time-frame.

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. 541 of 2019IN THE MATTER OF:

Nitin Hasmukhlal Parikh Resolution Professional of Bhatia Global Trading Ltd. ...Appellant

Vs.

IDBI Bank Ltd. ...Respondent

Present: For Appellant: - Mr. Mansumyer Singh and Mr. Gursat Singh, Advocates.

O R D E R

20.05.2019─ The 'Insolvency Resolution Professional' moved an

application under Section 33 of the Insolvency and Bankruptcy Code,

2016 ("I&B Code" for short), before the Adjudicating Authority (National

Company Law Tribunal), Ahmedabad Bench, Ahmedabad, wherein

following order was passed on 10th January, 2019:

"ORDER

The Parties are appeared through their respective Learned Counsels as stated above.

Heard the arguments of Learned Counsels for the Committee of Creditors as well as Caveator.

The order is reserved.

Contd/-..........

-2-

The Parties are at liberty to file their written submissions, if any, within a week, by exchanging copies to each other."

2. This appeal being barred by limitation is not maintainable and

therefore, dismissed.

However, taking into consideration the fact that the application

under Section 33 of the 'I&B Code' is pending since 10th January, 2019,

we are of the view that the Adjudicating Authority should pass order on

such application, on an early date, preferably by 12th July, 2019.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) Member(Judicial)

(Kanthi Narahari) Member(Technical) Ar/g

Company Appeal (AT) (Insolvency) No. 541 of 2019

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