Yogesh Mehra vs Shailen Shah Resolution Professional ...
- CitationCompany Appeal (AT) (Insolvency) No. 663 of 2020
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority, having been directed by the Appellate Tribunal to dispose of an application expeditiously, is bound to give effect to that direction; an adjournment that is unexplained and fails to advance the matter toward expeditious disposal does not comply with such a direction, and the Adjudicating Authority is directed to dispose of the matter with utmost expedition through any available mode, the choice of hearing mode being within its own discretion.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Yogesh Mehra ...Appellant
Vs.
Shailen Shah (Resolution Professional Wind World India Ltd.) & Ors. ...Respondents
Present: For Appellants: - Mr. Alok Dhir and Ms. Varsha Banerjee, Advocates.
For Respondents: - Ms. Neha Naik, Advocate for IRP. Mr. Sanjeev Sambasivan, Advocate for R1. Mr. Vikas Kumar, Advocate for R3. Mr. Nirav Shah, Advocate.
O R D E R
(Through Virtual Mode)
04.08.2020─ After hearing learned counsel for the parties for a
while, we find that the Adjudicating Authority (National Company Law
Tribunal), Ahmedabad Bench, who was directed in terms of the order
dated 21st July, 2020 to dispose off the application as expeditiously as
possible, had adjourned the matter to 3rd August, 2020. The date of
hearing has expired. The impugned order does not record the reason for
adjournment of the hearing. It also does not specify as to how it is
carrying into effect the direction of this Court for expeditious disposal of
the matter.
Contd/-...........
-2-
At this stage, counsel representing Respondent No.1 submits that
the matter has been taken up by the Adjudicating Authority today and it
has now again been adjourned to 27th August, 2020 directing the parties
to complete their pleadings.
Be that as it may, having regard to the order passed by this
Appellate Tribunal on 21st July, 2020, the Adjudicating Authority is
directed to dispose off the matter with utmost expedition through any
available mode. It would be within the domain of the Adjudicating
Authority to decide the suitable mode for hearing.
The appeal is accordingly disposed off.
[Justice Bansi Lal Bhat] Acting Chairperson
[V.P. Singh] Member(Technical)
[Alok Srivastava] Member(Technical) Ar/G
Company Appeal (AT) (Insolvency) No. 663 of 2020
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