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Nabard Consultancy Services Pvt. Ltd vs Dharmendra Kumar,(Official Liquidator for IAP Company Pvt. Ltd.)

National Company Law Appellate Tribunal · Decided on 10 January 2025 · Citation: (2025) 01 NCLAT CK 1649

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Allowed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.2196 of 2024
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Judgment

7 paragraphs · 360 words

10.01.2025: Heard learned counsel for the Appellant as well as learned counsel for the Liquidator. This appeal has been filed against the order dated 04.09.2024 passed by the NCLT, New Delhi (Court-III) in Appeal No.08/2023, which was filed by the Appellant against the decision of the Liquidator rejecting claim of the Applicant. When the appeal came for hearing following order was passed:

“Appeal-8/2023:-

This appeal has been filed against the decision of the Liquidator rejecting the claim of the Applicant which was communicated by email dated 26.12.2022. The present appeal has been filed on 27.01.2023. The Liquidator rejected the claim of the Applicant on the ground of delay.

No one has appeared on behalf of the Applicant. We do not see any reason to interfere with the order of the Liquidator. The appeal is accordingly dismissed for non-prosecution as well as on merits.”

2.

Learned counsel for the Appellant submits that Appellant has earlier appeared on four occasions but on the said date cannot appear, however, one proxy counsel appeared. Proxy counsel informed that counsel is indisposed, however, the Adjudicating Authority proceeded and dismissed the appeal for non-prosecution.

3.

While dismissing the appeal for non-prosecution, the Adjudicating Authority has also added words “as well as on merits”. The order does not indicate any consideration of merits in the order. Disposal of appeal on merits require consideration of the Adjudicating Authority on merits of the case. In event the appeal was dismissed only for non-prosecution, the Appellant has remedy to file application to recall the order after showing sufficient cause for non-appearance. However, appeal also having disposed on merits, any remedy is not available to the appellant.

4.

In facts of the present case, ends of justice will be served in reviving Appeal No.08/2023 for fresh consideration before the Adjudicating Authority. Order dated 04.09.2024 dismissing Appeal No. 08/2023 is set aside. Appeal No.08/2023 is revived. The Adjudicating Authority may consider the appeal afresh. We make it clear that we have not expressed any opinion on the merits  of the case. We further record submission of the Appellant that no adjournment shall be taken by the Appellant. Appeal is disposed of accordingly.