Shri Tradco India Private Limited And ... vs State Bank Of India

Shri Tradco India Pvt. Ltd. & Anr. ....Appellants Vs.

State Bank of India ...Respondent For Appellants: Mr. Anish Agarwal, Mr. Ranjeev Carvalho, Mr. Tejas Agarwal, Ms. Anushtha Rathod, Ms. Vanshika Gupta, Advocates. For Respondent:

ORDER

(Through Virtual Mode)

05.07.2022: Heard Learned Counsel for the Appellants.

2. This Appeal has been filed against the order dated 03.06.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), Mumbai

Bench, Court-IV by which I.As 1458/2022 and 1459/2022 filed by the

Appellant- Corporate Debtor has been disposed of.

3. Learned Counsel for the Appellants submits that in paragraph 3, in first

line of the order, Adjudicating Authority has observed that the Bench is not

inclined to direct the Financial Creditor to allow the inspection. Paragraph 3

of the order is as follows:-

"3. The Bench is not inclined to direct the Financial Creditor to allow the inspection. However, if specific document is sought by the Corporate Debtor from the Financial Creditor based on petition which has been filed by the Financial Creditor, the 2

same can be requested from the Financial Creditor and Financial Creditor may provide copy of the same. This entire process is to be completed within 7 days from today, 7 days further time is allowed for the Corporate Debtor to file reply. It is made clear that no further time will be granted for filing reply."

4. The second observation of the Adjudicating Authority in the second line

of paragraph 3 amply protect the interests of the Corporate Debtor. The Bench

has clearly mentioned that if specific document is sought by the Corporate

Debtor from the Financial Creditor based on petition which has been filed by

the Financial Creditor, the same can be requested from the Financial Creditor

and Financial Creditor may provide copy of the same. We further notice that

the impugned order dated 03.06.2022 is only an interlocutory order and the

matter had been fixed on 28.06.2022. The matter being pending before the

Adjudicating Authority, we are not inclined to entertain this Appeal. If there

are any grievances, it is always open for the Appellant to place it before the

Adjudicating Authority for consideration.

5. With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Justice M. Satyanarayana Murthy] Member (Judicial)

[Barun Mitra] Member (Technical)

Anjali/nn

Comp. App. (AT) (Ins.) No. 717 of 2022