Raujeev Dev Taneja vs Edelweiss Asset Reconstruction ...
- CitationCompany Appeal (AT) (Ins) No. 153 of 2026
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority, having noticed a statement at page 17, column 11 of the application, is entitled to require the applicant to file an affidavit giving details of the assets and their current valuation, and where it does so, the applicant is bound to comply with that direction.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Raujeev Dev Taneja ...Appellants Versus Edelweiss Asset Reconstruction Company ...Respondents Limited & Ors.
Present: For Appellant : Ms. Anju Jain, Ms. Prachie Jain, Ms. Bhavya Khosla, Mr. Rifat Touhid and Ms. Bhawna Prajapati, Advocates. For Respondents :
ORDER
(Hybrid Mode)
22.01.2026: This appeal has been filed against the order dated
12.11.2025 passed by National Company Law Tribunal, Chandigarh, Court-II
by which Adjudicating Authority has directed petitioner to file an affidavit
giving details of the assets as well as the current valuation thereof. Appellant
aggrieved by the said order has come up in this appeal. It is submitted that
the adjudication by the Adjudicating Authority, shall commence only after
receipt of the report under Section 99 by the Resolution Professional. At this
stage there was no requirement for any adjudication.
We have considered the submissions and perused the records.
An order of the Adjudicating Authority asking the appellant to file an
affidavit was on the basis of something which was noticed at page-17 in
column 11 of the application. We are of the view that when Adjudicating Authority requires an affidavit to be filed it was incumbent on the applicant to
file an affidavit. In so far as the submission that adjudication shall commence
only after report, is a settled law, but we do not find any error in the order
directing for filing an affidavit by the Adjudicating Authority. With the above
observation, we dispose of the appeal.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
2 of 2 Company Appeal (AT) (Ins) No. 153 of 2026
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