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Shreya Life Sciences Pvt. Ltd vs Lic Housing Finance Ltd

National Company Law Appellate Tribunal14 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal will not direct the Adjudicating Authority to rehear a matter where the order has already been reserved after hearing, the Adjudicating Authority has refused to set aside its order closing the hearing, and the party has already filed its reply and written submissions, which the Adjudicating Authority is bound to consider in pronouncing its order.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.880 & 881 of 2023IN THE MATTER OF:

Shreya Life Sciences Pvt. Ltd. ...Appellants

Versus

LIC Housing Finance Ltd. ...Respondent

Present: For Appellants: Mr. Krishnendu Datta, Sr. Advocate with Mr. Mahesh Agrawal, Mr. Ankur Saighal, Mr. Shivam Shukla and Ms. Prerana Wagh, Advocates. For Respondent: Ms. Doel Bose and Ms. Anannya Ghosh, Advocates for R-1.

ORDER

14.07.2023: Heard Shri Krishnendu Datta, learned senior counsel for

the Appellant as well as learned counsel for the Respondent. This Appeal has

been filed against the two orders dated 26.06.2023 and 30.06.2023. By order

dated 26.06.2023, the Adjudicating Authority has taken the reply on record

and after hearing the matter reserved the order. Application I.A. No. 2722 of

2023 was filed by the Appellant for setting aside the order dated 26.06.2023,

which too was rejected on 30.06.2023 with observation that Corporate Debtor

has filed Reply and written submission also permitted to be filed.

2. On 26.06.2023, when the matter was taken for hearing Learned counsel

for the Appellant requested for adjournment, which was not granted and after

Cont'd.../ -2-

hearing order was reserved. Appellant filed I.A. No. 2722 of 2023, the

Adjudicating Authority rejected the same.

3. Submission of Mr. Datta is that one more opportunity ought to have

been given to the Appellant for final argument, which were not advanced on

26.06.2023 due to unavailability of arguing counsel.

4. We have considered the submissions of the parties and perused the

record.

5. The order having already reserved by the Adjudicating Authority and

request of the Appellant for setting aside order dated 26.06.2023 having been

refused, we are of the view that the Appellate Court cannot issue a direction

to the Adjudicating Authority, in facts of the present case, for rehearing.

Appellant has already filed its Reply and Written Submission, which was

permitted by the Adjudicating Authority. We see not reason that reply and

written submission shall not be considered by the Adjudicating Authority

while pronouncing the order. With these observation, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.880 & 881 of 2023

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