Rohan Developers Private Limited vs Sushama V Paranjpe

Rohan Developers Private Limited ...Appellant

Versus

Sushama V. Paranjpe ...Respondent

Present:

For Appellant: Mr. Gaurav Mitra, Mr. Kushagra Bansal, Mr. Ishan Roy Chowdhary, Ms. Srishti Verma, Advocates For Respondent: Mr. Jatin Zaveri, Mr. Neel Kamal Mishra, Advocates

ORDER

11.10.2022: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the Order dated 14th June, 2022

passed by the Adjudicating Authority (National Company Law Tribunal,

Mumbai Bench, Court-IV). By which Order, I.A. No. 1545/2022 in

C.P.(IB)/908(MB)2021 filed by the Corporate Debtor requesting for recalling of

the Order of dated 08th April, 2022 was dismissed.

3. By the Order dated 08.04.2022, right to file Reply was closed. In the

same Order, the Bench had increased the cost to the Corporate Debtor from

Rs. 1 Lakh to Rs. 1.50 Lakh which has been paid by the Corporate Debtor.

4. In paragraph 4 of the Impugned Order, it has been noticed that a

settlement could be worked out and sought fifteen days' time in settling the

matter. After recording the aforesaid statement that settlement is to be filed

within 15 days, the Adjudicating Authority has observed that in view of

exploring possibility of settlement, filing of reply does not arise. -2-

5. Learned Counsel for the Appellant submits that steps were taken for

settlement which was not materialised and in view of the aforesaid, at least,

one opportunity should be given to file a Reply.

6. Learned Counsel for the Respondent opposing the submissions of

Learned Counsel for the Appellant contends that a lot of time had elapsed and

neither any settlement has been entered into nor Appellant has shown that

his reply is prepared which can be filed.

7. We have heard Learned Counsel for the parties. We are of the view that

the Adjudicating Authority did not grant time to file Reply after noticing that

parties are settling the matter. In view of the fact that parties have not settled

the matter, ends of justice will be served in giving one opportunity of two weeks

to file Reply by the Appellant. In event, Reply is not filed within two weeks from

today, the Adjudicating Authority will proceed with the matter.

8. In view of the above, two weeks' time is given to the Appellant to file

Reply before the Adjudicating Authority. The Appeal is disposed of,

accordingly.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 1066 & 3124 of 2022