(2024) ibclaw.in 846 NCLAT
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Principal Bench, New Delhi
Bhavik Rupapara (Liquidator)
v.
Uttar Gujrat Vij Company Ltd. (UGVCL)
Company Appeal (AT) (Insolvency) No. 2249 of 2024 & I.A. No. 8458 of 2024
Decided on 20-Dec-24
Mr. Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member)
Add. Info:
Corporate Debtor: Nami Steel Pvt. Ltd.
For Appellant(s): Mr. Kushal Bansal, Mr. Anish Ahlawat, Advocates.
Judgment/Order:
O R D E R
(Hybrid Mode)
20.12.2024: Affidavit of service filed by the Appellant, as directed earlier, is taken on record.
2. This Appeal has been filed against order dated 24.09.2024 passed by NCLT, Ahmedabad Bench in IA No.982/AHM/2024. This appeal has been filed by the Liquidator. The limited grievance raised is that the Adjudicating Authority has made adverse observations against the Liquidator that service has not been properly done upon the Respondent and some other observations.
3. Affidavit of service which was filed before the Adjudicating Authority has been brought on the record which indicate that service was effected by email as well as through postal service and the tracking report which has been brought on record indicate that items were delivered to UGVCL. We are of the view that the issue regarding service may be taken up before the Adjudicating Authority when matter is heard again. We only observe that the observations made against the Liquidator in the impugned order may not be treated as adverse to the Liquidator in any proceeding.
4. Learned counsel for the Liquidator submits that only one counsel, Mr. Masoom Shah, appears for the Liquidator, hence, observations on counsel for the Liquidator were also not required to be made. We record the aforesaid submission made by Liquidator that only one counsel appeared and was heard for the Appellant.
5. With regard to observations made by the Adjudicating Authority regarding liquidation process being conducted by the Liquidator, the Adjudicating Authority has directed the Liquidator to be present on the next date of hearing. It is open for the Liquidator to explain the process taken by the Liquidator in the proceeding.
6. The Application having been listed for further consideration on 17.12.2024 and not yet decided, it is open for the Appellant to make all submissions, when matter is heard again. With these observations, the appeal is disposed of.
[Justice Ashok Bhushan]
Chairperson
[Barun Mitra]
Member (Technical)
Original judgment copy is available here.
Click on below button to search similar judgments:
Follow for daily updates: