Rakesh Gupta & Anr vs Nitin Narang & Anr

Rakesh Gupta & Anr. ....Appellants Vs.

Mr. Nitin Narang & Anr. ...Respondents Liquidator of M/S Gupta Marriage Halls Pvt. Ltd.

For Appellants: Mr. Krishnendu Datta, Sr. Advocate with Mr. Ashish Choudhury, Mr. SC Das, Mr. Anand Kamal, Mr. Akash Agarwal, Advocates. For Respondents: Mr. Abhishek Anand, Mr. Mohak Sharma, Advocates for R1.

ORDER

13.12.2022: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the order dated 17.10.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Court III (Special Bench) on I.A No. 3588 of 2021 by which order the Adjudicating Authority has directed the Liquidator to access to Hotel Samrat Heavens, Meerut (U.P) which is the asset of the Corporate Debtor.

3. Learned Counsel for the Appellant challenging the order contends that the order was passed ex-parte to the Appellant who was not present when the matter was heard. It appears that the matter which was on the Board was taken on the mention of the Appellant but no information was received by the Appellant, hence, they could not be present when the case was called. It is submitted that there was already a CA 871 of 2019 filed by the erstwhile Resolution Professional where prayer was sought to handover all the assets including the Hotel Samrat Heavens, Meerut (U.P) which is pending consideration where pleadings is complete. It is submitted that in view of the 2

impugned order, the Liquidator can claim that the asset belongs to the Corporate Debtor.

4. Learned Counsel for the Liquidator submits that the order is only to the effect that the Appellant shall provide access to the Hotel Samrat Heavens, Meerut (U.P) which is being denied for the last three years. Liquidator further submits that the property belongs to the Corporate Debtor.

5. After having heard the Learned Counsel for the parties and perusing the record, without entering into the merits of the case, we are of the view that ends of justice be served in setting aside the directions in the order dated 17.10.2022 passed in I.A No. 3588 of 2021 and observing that the IA before the Adjudicating Authority to be heard afresh. The impugned order further mentions that IA is already listed on 22.12.2022 on which date the IA will be heard again. Thus, the directions issued by the Adjudicating Authority in I.A No. 3588 of 2021 are set aside. Let this I.A be listed along with CA 871 of 2019. We make it clear that the CA 871 of 2019 which according to the Appellant raises the same issue has also to be heard along with I.A No. 3588 of 2021. The Applications are pending for quite long time and since Liquidator submits that the access has not been provided, we request the Adjudicating Authority to consider and dispose these IAs on the next date or as early as possible.

6. With these observations, we dispose of the Appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Anjali/nn

Comp. App. (AT) (Ins.) No. 1496 of 2022