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Sh. Anil Kumar (Liquidator Of M/S. Pearl ... vs Sh. Prabodh Kumar Tewari & Ors

National Company Law Appellate Tribunal12 April 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's refusal to direct a visit to a residence of a respondent to collect records, where the earlier attempt to recover documents from the corporate debtor's vacated registered office failed, is not shown to be erroneous; the appellate tribunal declines to interfere with such a discretionary procedural refusal. A liquidator's remedy against an adverse interlocutory refusal in liquidation proceedings lies in making submissions before the Adjudicating Authority, which is the forum in which the matter remains open, rather than in an appeal against the refusal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Ins) No. 395 of 2023 IN THE MATTER OF: Anil Kumar Liquidator of Pixion Media Pvt. Ltd. ...Appellant Vs. Prabodh Kumar Tewari & Ors. ...Respondents

Present: For Appellant: Ms. Mayuri Raghuvanshi, Ms. Raghuvansh, Ms. Akanksha Rathore, Advocates For Respondent:

ORDER

12.04.2023: Heard Learned Counsel for the Appellant.

This appeal has been filed against the order dated 01.02.2023 by which IA

No. 4890/2020 filed by the Appellant has been rejected. The Appellant is a

liquidator who has earlier obtained an order of Adjudicating Authority on

21.01.2020 for assistance of the police to collect documents from the regd. Office

of the Corporate Debtor. It is submitted that no documents could be recovered

since the office was vacated, thereafter another application No. 4890/2020 was

filed by the Appellant seeking direction of the Adjudicating Authority to visit the

residence of R-1 to collect certain documents and records which has been

rejected by the Adjudicating Authority. From the order it is indicated that

03.05.2023 is fixed for hearing in the matter.

We do not find any error in the order of Adjudicating Authority refusing

the prayer in the application No. 4890/2020. We further notice that order of

liquidation was passed on 22.08.2019. More than three years have elapsed, the Company Appeal (AT) (Ins) No. 395 of 2023 1 liquidation proceedings having not yet been closed. It is always open for the

Appellant to appear and make submissions before the Adjudicating Authority.

With these observations the appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 395 of 2023 2

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