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Vineet Agarwal vs Pankaj Narang

National Company Law Appellate Tribunal18 September 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where an appellant's grievance is that the impugned order was passed ex parte because no one appeared on his behalf before the adjudicating authority, the appropriate remedy lies first before the adjudicating authority itself, by an application for recall or modification of the order, and the appellate tribunal will decline to entertain an appeal on that footing.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1229 of 2023& I.A. No. 4341 of 2023In the matter of:

Vineet Agarwal ....Appellant Vs. Pankaj Narang ...Respondent For Appellant: Present but not marked appearance. For Respondent: Mr. Harish Taneja, Mr. Nalin Kohli, Advocates Mr. Aman Raj Singh, Mr. Sumesh Dhawan, Mr. Shourya Shyam, Ms. Shraddha Deshmukh, Mr. Utkarsh Kokcha, Mr. Parth Aggarwal, Advocates.

ORDER

18.09.2023: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the order dated 25.08.2023 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi,

Court-IV, by which order Adjudicating Authority has directed to file an FIR to

the relevant police station in respect of acts of omission and commission made

by the erstwhile Resolution Professional Mr. Vineet Agarwal and also for

tracing his whereabouts. Earlier an order dated 20.07.2023 was passed for

lodging an FIR which was kept in abeyance. On 25.08.2023, Adjudicating

Authority granted time to the Appellant to comply it and date was fixed to

18.09.2023. Inspite of repeated calls, no one has appeared on behalf of the

Appellant before the Adjudicating Authority, hence, the Adjudicating Authority

proceeded to pass an order.

2

3. This Appeal has been filed by the Appellant stating that the Appellant's

Counsel was present but she was under impression that case was adjourned.

She submits that Appellant is also present in the Court. It is submitted that

today is the date fixed before the Adjudicating Authority as per order dated

25.08.2023.

4. Learned Counsel for the Respondent submits that the case is listed

today before the Adjudicating Authority as a last case and is likely to take up

before Lunch.

5. In the facts of the present case, we are of the view that since the

Appellant's case is that the order is ex parte, Appellant may file an appropriate

Application before the Adjudicating Authority for recall/modification of the

order. Appellant may also appear before the Adjudicating Authority and seeks

further direction in continuation of the order dated 25.08.2023, if any.

6. In view of the aforesaid, we are not inclined to entertain this Appeal. The

Appeal is disposed of with aforesaid observations.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Anjali/nn

Company Appeal (AT) (Insolvency) No. 1229 of 2023 & I.A. No. 4341 of 2023

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