In the matter of Nitin Hasmukhlal Parikh. RP of Bhatia Global Trading Ltd. Vs. IDBI Bank CA(AT)(Insolvency) No. 541-2019

In the matter of Nitin Hasmukhlal Parikh. RP of Bhatia Global Trading Ltd. Vs. IDBI Bank CA(AT)(Insolvency) No. 541-2019

Insolvency & Bankruptcy

This appeal being barred by limitation is not maintainable and therefore, dismissed.

The ‘Insolvency Resolution Professional’ moved an application under Section 33 of the Insolvency and Bankruptcy Code, 2016 (“I&B Code” for short), before the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad, wherein following order was passed on 10th January, 2019:


The Parties are appeared through their respective Learned Counsels as stated above.


Heard the arguments of Learned Counsels for the Committee of Creditors as well as Caveator.


The order is reserved.


The Parties are at liberty to file their written submissions, if any, within a week, by exchanging copies to each other.”

2. This appeal being barred by limitation is not maintainable and therefore, dismissed.


However, taking into consideration the fact that the application under Section 33 of the ‘I&B Code’ is pending since 10th January, 2019, we are of the view that the Adjudicating Authority should pass order on such application, on an early date, preferably by 12th July, 2019.


(Justice S.J. Mukhopadhaya)


Chairperson

(Justice A.I.S. Cheema)


Member(Judicial)


(Kanthi Narahari)


Member(Technical)