Whether Adjudicating Authority has jurisdiction to pass the order to stop the implementation of the order passed by the District Magistrate exercising jurisdiction under National Disaster Management Act, 2005 – Radius Infratel Pvt. Ltd. Vs. Jaiprakash Associates Ltd. – NCLAT New Delhi
NCLAT dismissed the appeal holding that the act of providing internet services to the residents by other internet providers apart from the Appellant, emanated from the order of District Magistrate passed in exercise of jurisdiction under National Disaster Management Act, 2005, which action was sought to be indirectly challenged before the Adjudicating Authority. The act of permitting the residents to avail the internet service of other service providers, did not emanate from any proceedings under the Insolvency Resolution Process and was outside the Insolvency Resolution Process. The Adjudicating Authority by issuing the interim order had virtually stopped the implementation of order of the District Magistrate, which was outside the jurisdiction of the Adjudicating Authority. Impugned order has set right, wrong which was done by the interim order. Final Order has done substantial justice, which does not warrant any interference in this Appeal. We do not find any merit in the Appeal.
