Greenopolis Welfare Confederation Vs Pradeep Kumar Kaushik Resolution Professional Three C Shelters Pvt. Ltd

National Company Law Appellate Tribunal New Delhi 17 Aug 2023 Company Appeal (AT) (Insolvency) No. 1085 Of 2023 (2023) 08 NCLAT CK 0051
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Company Appeal (AT) (Insolvency) No. 1085 Of 2023

Hon'ble Bench

Ashok Bhushan, Chairperson; Barun Mitra, Member (T)

Advocates

Ramji Srinivasan, Namrata Saraogi, Kartik Pandey, Prageet Rathi, Atmaram Nadkarni, Salvador, Deepti, Arzu, Siddhant, Manisha, Gaurav Mitra, Ishaan Roy Chowdhury, Vijeta Singh, Sumesh Dhawan, Sawar Mahajan, Shaurya Chyan, Pooja Mahajan

Final Decision

Dismissed

Judgement Text

Translate:

1. This Appeal has been filed against the Order dated 09th August, 2023 which order is to the following effect;

“Due to multiple Benches, there is paucity of time, the matter is adjourned to 10.08.2023.”

2. Learned Sr. Counsel for the Appellant submits that on the date 09th August, 2023, large number of applications have been listed as is clear from the applications mentioned on the Item No. 420.

3. Learned Sr. Counsel Mr. Atmaram Nadkarni appears for the Resolution Professional. Mr. Sumesh Dhawan, Learned Counsel has also appeared for another Home Buyer Association-Greenopolis Welfare Association.

4. A perusal of the Order indicates that due to paucity of time, the Adjudicating Authority could not take up the matter and the matter was adjourned.

5. We have been informed that now the next date in the matter is 28th August, 2023. Learned Counsel for the Resolution Professional submits that the Report have also been filed by the Resolution Professional which are required to be looked into by the Adjudicating Authority on priority basis.

6. There is nothing in the Order dated 09th August, 2023 which can be entertained in this Appeal. We thus are of the view that this Appeal need not be entertained looking to the issue raised and the Applications pending before the Adjudicating Authority we observe that the Adjudicating Authority may give some priority to this matter and consider the Applications and dispose of the issues in accordance with law. The Adjudicating Authority having called the Report from the Resolution Professional, it is appropriate that the Resolution Professional be permitted to address and report may be looked into.

With these observations, we dispose of the Appeal.

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