Smita Gupta vs Markand Adhikari

IN THE MATTER OF: Smita Gupta ...Appellant Versus Markand Adhikari ...Respondent

Present: For Appellant : Mr. Tej Pratap Singh, Advocate.

For Respondent : Mr. Nipun Gupta, Advocate.

ORDER

(Hybrid Mode)

11.12.2025 : This appeal has been filed against an order dated

26.06.2025 passed by the adjudicating authority (National Company Law

Tribunal (NCLT), Court V, Mumbai Bench) in I.A. No. 4776/2024.

2. I.A. No. 4776/2024 has been filed by respondent No. 1 praying for

replacement of the liquidator, in which application notices were issued on

11.11.2024.

3. Learned counsel for the appellant submits that the notice was received

by the appellant on 25.11.2024, which was not with correct particulars, hence

the email was sent, in which name of the parties were not mentioned correctly.

4. It is submitted that on subsequent date, appellant could not appear

and on the next date the Court granted time to file a reply failing which the

right to file reply was to be forfeited.

5. On 26.06.2025, the Court passed an order forfeiting the right to file

reply. In second paragraph of the order, following was observed:

"Today when the matter is called Counsel for the Liquidator submits that they had received the notice with a wrong title and seeks time to file his reply. However, we are not convinced with such submission of the Ld. Counsel for the Liquidator as nearly five months' time has elapsed since the order dated 16.01.2025, neither the reply been filed nor anything has been brought to our notice that the service was not proper. Under such facts and circumstances, we forfeit the right to file reply of the Liquidator. List this IA for further consideration and final hearing on 18.08.2025."

6. Learned counsel for the appellant submits that the default was

committed by the appellant in filing reply due to wrong parties name in the

notice which was received by the liquidator which was immediately brought

into notice by email.

7. Learned counsel for the parties submit that I.A. 4776/2024 is not yet

disposed of and is listed tomorrow before the NCLT for consideration.

8. In the facts of the present case, when the matter is listed tomorrow, we

are of the view that ends of justice be served in giving an opportunity to the

appellant to file a reply by tomorrow before the adjudicating authority after

serving copy on the counsel for the respondent. In event, the reply is filed by

tomorrow, the adjudicating authority shall consider the same and decide it in

accordance with law. We further observe that no further opportunity be

granted to the appellant to file the reply.

Appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/md

Comp. App. (AT) (Ins.) No. 1457 of 2025 2 of 2