Vikash Gautamchand Jain Rp Of Care ... vs Bank Of India
- CitationCompany Appeal (AT) (Ins) No. 1002 of 2021
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal declined to interfere with an interlocutory listing order fixing a hearing date for approval of a resolution plan, and disposed of the appeal with a direction that the Adjudicating Authority endeavour to decide the pending applications on the fixed date or at an early date thereafter. No general principle is laid down beyond the disposal itself.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Vikash Gautamchand Jain RP of Care Office Equipment Ltd. ...Appellant
Vs.
Bank of India ...Respondent
Present: For Appellant: Mr. Nipun Singhvi, Ms. Honey Satpal, Advocates For Respondent: None
ORDER
(Through Virtual Mode)
08.12.2021: This appeal has been filed by the Appellant challenging the
order dated 25.10.2021 by which order the Learned 'Adjudicating Authority' has
fixed a date on 26.11.2021 for hearing the application for approval of 'Resolution
Plan' as well as objections thereto.
Learned Counsel for the Appellant submits that now 20.12.2021 has been
fixed. It is submitted that more than 500 days have been elapsed from filing of
the application, approval of 'Resolution Plan' has not yet been finalized.
We find no good ground to entertain this appeal, ends of justice be served
in disposing of the appeal with observation that Learned 'Adjudicating Authority'
shall endeavor to dispose of the applications I.A. Nos. 358 and 434/2020 on the
date fixed if possible or at an early date thereafter. Company Appeal (AT) (Ins) No. 1002 of 2021 1 With these observations, the appeal is disposed of.
[Justice Ashok Bhushan] Chairperson
[Justice Jarat Kumar Jain] Member (Judicial)
[Dr. Alok Srivastava] Member (Technical) Shashi/nn
Company Appeal (AT) (Ins) No. 1002 of 2021 2
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