Ranajit Das & Ors vs Msx Mall Pvt. Ltd. &Anr.;
- CitationCompany Appeal (AT) (Insolvency) No. 469 of 2018
Ratio decidendi
The rule this decision rests on
The Tribunal declined to decide whether the claim was time-barred, because the Resolution Professional had accepted the claim and placed it before the Committee of Creditors, so the limitation issue no longer arose on the appeal; the remaining matters were left for the appellants to pursue by placing their claim before the Resolution Professional, and the appeal was disposed of on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ranajit Das & Ors. ...Appellants
Versus
MSX Mall Pvt. Ltd. & anr. ...Respondents
Present:
For Appellants: Mr. Arvind Kr. Gupta, Mr. Abhishek Goyal and Mr. Prashant Bardwaj, Advocates
For Respondent : Mr. Abhishek Anand, Advocate for R.P.
ORDER
25.10.2018 A joint petition under Section 7 of the 'I&B Code' has been
filed by the appellant on behalf of the other 'financial creditors'. The Adjudicating
Authority admitted the application under Section 7 by impugned order dated 9th
July, 2018 on behalf of one of the 'financial creditor' with observation that the
claim of the appellants are time barred.
The appeal was filed by the appellants on the main ground that the claim
was not barred by limitation in view of the decision of this Appellate Tribunal in
similar case. However, when the matter was taken up, learned counsel for the
'Resolution Professional' submits that the claim of the appellants have been
accepted by the 'Resolution Professional' and the matter has already been placed
before the 'Committee of Creditors'. In view of the stand taken by the 'Resolution
Professional', we are not inclined to deliberate on the issue relating to the
limitation.
-2-
With regard to rest of the issues, which are not the subject matter of this
appeal, the appellant will place his claim before the 'Resolution Professional'.
With the aforesaid observations, the appeal stands disposed.
[Justice S.J. Mukhopadhaya] Chairperson
[ Justice Bansi Lal Bhat ] Member (Judicial)
/ns/sk/
Company Appeal (AT) (Insolvency) No. 469 of 2018
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