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Union Of India vs Shri Lakshmi Cotyn Ltd. Through ...

National Company Law Appellate Tribunal3 March 2020

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following: where an application for liquidation under the Insolvency and Bankruptcy Code, 2016 has remained pending for an extended period owing to the successive filing of miscellaneous applications, such conduct by the parties cannot be permitted to obstruct the insolvency resolution process, and the adjudicating authority should be requested to dispose of the liquidation application at the earliest, endeavouring to pass appropriate orders within a short fixed period, having regard to the object of the statute and the protection of all stakeholders' interests.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Ins) No. 374 of 2020In the matter of:

Union of India .......Appellant

Vs

Shri Lakshmi Cotyn Ltd.

Through Resolution Professional .......Respondent

Present:

For Appellant:- Mr. Krishnadu Datta, Ms. Ranjana Roy, Mr. Pervindar and Mr. Vineet Kumar, Advocates

For Respondent :-Ms. Vatsala Kak, Advocate for RP.

ORDER

03.03.2020- Mr. Data, Advocate representing the Appellant (Financial

Creditor) who is stated to be a leading member of the 'Committee of

Creditors' submits that the Liquidation Application has been pending for

past more than a year now, and the same has not been decided. This fact is

also borne out by the Impugned Order dated 10th February, 2020. Even

Learned Counsel representing the Resolution Professional and Ms. Vatsala

Kak. Advocate, representing the Respondent admitted that Liquidation

Application has been pending since long.

2. We have noticed that on the pretext of one or other Miscellaneous

Application being filed, the disposal of Liquidation Application has been

delayed. Such conduct on the part of different characters cannot be

permitted to thwart the course of Insolvency Resolution Proceedings under

I&B Code. Having regard to the object of the statute and to protect the

interests of all stakeholders, we request the Learned Adjudicating Authority to take up the Liquidation Application for disposal at the earliest and make

all possible endeavours to pass appropriate orders thereon within 10 days.

The Appeal is accordingly disposed off.

3. This order may be communicated to Learned Adjudicating Authority

forthwith.

(Justice Bansi Lal Bhat) Member (Judicial)

(ShreeshaMerla) Member (Technical)

SC/NN

Company Appeal (AT) (Ins) No. 374 of 2020

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