Rajesh Maratha vs Ncj Infrastructure Private Limited
- CitationCompany Appeal (AT) (Insolvency) No. 2209 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal will not entertain an appeal against an order dismissing an application for non-prosecution where the appellant has a statutory remedy before the Adjudicating Authority to seek recall of that order; the appellant must instead apply to the Adjudicating Authority for recall, which is to be decided in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Rajesh Maratha ...Appellant
Versus
NCJ Infrastructure Pvt. Ltd. & Ors. ...Respondents
Present: For Appellant : Mr. Karthik Sunder, Advocate. For Respondents : Mr. Abhishek Anand, Advocate. Mr. A. Venkumar, Mr. J. Shriram Kumar, Advocates for R-2. Mr. Areeb Amanullah, Advocate for R-5.
ORDER
(Hybrid Mode)
28.11.2024: I.A. No.8279 of 2024: This is an application praying for
condonation of 12 days' delay in filing the appeal. Sufficient cause has been
shown in Para 3 and 4 of the application for condonation of delay. Delay
condoned. IA No.8279 of 2024 is disposed of.
2. Heard learned counsel for the Appellant and Respondent. This Appeal
has been filed against order dated 03.10.2024 by which order, the application
filed by the Appellant was dismissed for non-prosecution. The order passed
by the Adjudicating Authority is as follows:
"HYBRID HEARING (PHYSICAL & VC) ORDER New IA 4689/2024:-
None appears for the Applicant despite repeated calls.
Cont'd.../ 2
IA-4689/2024 dismissed for non-prosecution."
3. The Appellant has statutory remedy of filing an application before the
Adjudicating Authority for recall of the order, in view of the fact that
application was dismissed for non-prosecution. In view of there being remedy
available to the Appellant, we are not inclined to entertain this appeal.
Appellant may file appropriate application before the Adjudicating Authority,
which may be considered and decided in accordance with law. The Appeal is
disposed of accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.2209 of 2024
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