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Suyash Rajendra Chhajed Liquidator Of ... vs Respondents

National Company Law Appellate Tribunal28 March 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority, when disposing of an application without a decision on its merits, must record reasons for doing so; an order granting liberty to file a fresh application that gives no reasons for that liberty cannot stand, and the Appellate Tribunal may set it aside and revive the application for fresh consideration on that basis.

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. 503 of 2025

IN THE MATTER OF: Suyash Rajendra Chhajed, Liquidator of Yug Weave Tech Pvt. Ltd. ...Appellant

Versus

---- ...Respondents

Present: For Appellant : Mr. Devul Dighe, Advocate. For Respondents :

ORDER

(Hybrid Mode)

28.03.2025: Heard learned counsel for the Appellant. This Appeal has

been filed against order dated 31.01.2025 passed by the Adjudicating

Authority by which order IA (Dis.) No.1(AHM)2025 has been disposed of with

liberty to file fresh.

2. Learned counsel for the Appellant submits that the application ought

not to have been disposed of and the Adjudicating Authority could have

directed for dissolution pending the avoidance application. He has relied on

Regulation 44A of the IBBI (Liquidation Process) Regulations, 2016.

3. In facts of the present case, we are of the view that ends of justice be

served in reviving the application before the Adjudicating Authority to be

considered afresh. The impugned order does not indicate any reason for

giving liberty for filing fresh application. We set aside the order dated

Cont'd.../ 2

31.01.2025 and revive IA (Dis.) No.1(AHM)2025 before the Adjudicating

Authority for fresh consideration. Appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Ins.) No.503 of 2025

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