Parvinder Singh Khurana vs Kamal Agarwal & Ors

Parvinder Singh Khurana ...Appellant

Versus

Kamal Agarwal Liquidator Khullar Hospitality & Ors. ...Respondents

Present: For Appellant: Mr. Harshvardhan Pandey, Mr. Rohish Arora, Advocates. For Respondents: Mr. Saurabh Kalia and Ms. Shakshi Kaushik, Advocates for R-2.

ORDER

03.10.2023: Heard learned counsel for the Appellant as well as learned

counsel appearing for the Respondent No.2. This Appeal has been filed against

order dated 27.07.2023 by which order I.A. No. 2413 of 2020 filed by the

RP/Liquidator has been allowed. Appellant aggrieved by the order has come

up in this Appeal.

2. Learned counsel for the Appellant submits that he could not have full

representation before the Adjudicating Authority, hence, he could not file

reply.

3. Learned counsel for the Respondent No.2 pointed out that Appellant was

given opportunity to file reply. The application is pending since year 2020 and

Appellant did not file reply inspite of opportunity granted by the Adjudicating

Authority. The Adjudicating Authority also granted opportunity to file a

synopsis which also he could not file.

Cont'd.../ -2-

4. Learned counsel for the Appellant relying on certain documents filed in

this Appeal as Annexure E contends that vehicles were also sold.

5. Learned counsel for the Respondent rightly submits that these

documents were not before the Adjudicating Authority and the Appellant

cannot be allowed to rely on the said documents filed in this Appeal.

5. We are of the view that when inspite of opportunities granted by the

Adjudicating Authority, Appellant could not avail the opportunity, he is not

entitled for any indulgence in this Appeal. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1296 of 2023