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Zing Owners Welfare Association vs Three C Projets Pvt. Ltd. Through Manish ...

National Company Law Appellate Tribunal29 January 2020

Ratio decidendi

The rule this decision rests on

The appellate tribunal condoned a delay of 11 days in filing the appeal and disposed of the appeal without going into the merits, holding that where liberty has been granted to file a fresh application incorporating omitted names, the appeal against the order is not maintainable, while leaving the appellant free to point out before the Adjudicating Authority that the omission was inadvertent. The court further observed that all Courts and Tribunals have power to correct mistakes arising from human error or inadvertence.

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. 171 of 2020IN THE MATTER OF:

Zing Owners Welfare Association ...Appellant

Vs

Three C Projects Pvt. Ltd. through Manish Kumar Gupta, Resolution Professional ....Respondent

Present: For Appellant: Mr. Satyendra Kumar and Mr. K. K. Mishra, Advocate. For Respondent: ORDER

29.01.2020: Having heard learned counsel for the Appellant and being

satisfied of the grounds projected, delay of 11 days in preferring the appeal is

condoned. I. A. No. 428 of 2020 stands disposed of.

2. After hearing learned counsel for the Appellant for a while, we find that

since liberty has been granted for filing fresh application incorporating the

names of persons whom temporary possession has been given, the appeal is not

maintainable. This notwithstanding the fact that learned counsel for the

Appellant has tried to project that such names were already incorporated in the

application. If it be so, the Appellant shall be at liberty to bring it to the notice

of the learned Adjudicating Authority (National Company Law Tribunal),

Principal Bench, New Delhi that such observation regarding omission of names

has been made inadvertently or due to oversight.

Company Appeal (AT) (Insolvency) No. 171 of 2020 -2-

3. It goes without saying that all Courts and Tribunals have power to correct

the mistakes which occur due to human error or inadvertence.

4. The appeal is disposed of with aforesaid observations. No costs.

[Justice Bansi Lal Bhat] Member (Judicial)

[V. P. Singh] Member (Technical)

[Shreesha Merla] Member (Technical) am/nn

Company Appeal (AT) (Insolvency) No. 171 of 2020

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