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Yogesh Mehra vs Shailen Shah Resolution Professional ...

National Company Law Appellate Tribunal4 August 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

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 663 of 2020IN THE MATTER OF:

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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