R.R. Home Developers Pvt. Ltd. & Ors vs Rajendra Jain & Ors
- CitationCompany Appeal (AT)No. 239 of 2019
Ratio decidendi
The rule this decision rests on
The interim direction restraining creation of third-party interest in company property, having been expressly limited to operate only until the next date of hearing, and that date having passed, does not warrant appellate interference against the impugned order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: R.R. Home Developers Pvt. Ltd. & Ors. .....Appellants Vs. Rajendra Jain & Ors. ......Respondents Present : For Appellant: Mr. Gurcharan Singh, Advocate
O R D E R
03.09.2019 - The Appellant has preferred this appeal against the order
dated 19th July, 2019 passed by the Adjudicating Authority ('National Company
Law Tribunal') Ahmedabad Bench which reads as follows:-
"ORDER
The Parties are represented through their
respective Learned Counsel(s).
The instant application is filed by the Petitioner
under Section 241-242 of the Insolvency &
Bankruptcy Code with a prayer to pass some
interim order in respect of Company petition.
...contd.
2
The Respondent has not yet filed any reply in
the main Company petition, so he is allowed two
week's time to file reply. Meanwhile, the
Respondent is directed not to create any third
party interest over the property of the company
till next date of hearing, which is vehemently
opposed by the Learned Lawyer appearing on
behalf of the Respondent however for the ends
of justice this direction should be continue.
List the matter on 30.08.2019."
Having heard learned counsel for the Appellant and taking into
consideration that interim direction is given only till next date not to create third
party interest and the date expired on 30th August, 2019, we are not inclined to
interfere with the impugned order.
The appeal is dismissed. No costs.
[Justice S. J. Mukhopadhaya] Chairperson
[Justice A. I. S. Cheema] Member (Judicial)
[Kanthi Narahari] Member (Technical)
ss/gc Company Appeal (AT)No. 239 of 2019
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