The Nilgiri Dairy Farm Private Limited vs Mr. Sanjay Gupta

IN THE MATTER OF: Nilgiri Dairy Farm Pvt. Ltd., (Through its Authorized Signatory, Rajendra Bajaj) ...Appellant Versus Sanjay Gupta, (Liquidator of Future Retail Ltd.) ...Respondent

Present: For Appellant : Mr. Ritin Rai, Sr. Advocate with Ms. Petrushka Dasgupta, Mr. Anand Singh Sengar and Mr. Daksh Kadian, Advocates.

For Respondent : Mr. J. Rajesh, Mr. Dhrupad Vaghani, Md. Arsalan Ahmed and Mr. Yashwardhan Aggarwal, Advocates.

ORDER

(Hybrid Mode)

08.09.2025 : Heard learned counsel for the appellant as well as learned

counsel for the respondent.

2. This appeal has been filed against an order dated 31.07.2025 passed in

I.A. 5038/2023 filed by the appellant. Adjudicating authority by the

impugned order has dismissed the application. Adjudicating authority has

noticed that I.A.2159/2023 filed under Section 43 by the liquidator is already

pending.

3. Learned counsel for the liquidator has submitted that appellant against

whom I.A. 2159/2023 is filed has already filed the reply to the application

which is yet to be considered and decided.

4. Application I.A.5038/2023 was filed by the appellant praying for

rejection of I.A.2159/2023 as not maintainable.

5. We are of the view that adjudicating authority did not commit any error

in dismissing the application, however, the dismissal of the application

I.A.5038/2023 shall not preclude the appellant to raise all objections and

defences when the application I.A.2159/2023 comes for consideration.

With these observations, appeal is dismissed.

It shall be open for the parties to request the adjudicating authority for

early decision of the application.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 1384 of 2025 2 of 2