Zing Owners Welfare Association vs Three C Projets Pvt. Ltd. Through Manish ...
- CitationCompany Appeal (AT) (Insolvency) No. 171 of 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
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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