In the matter of Shri Tradco India Pvt. Ltd. & Anr. Vs. State Bank of India Comp. App. (AT) (Ins.) No. 717 of 2022
In the matter of Shri Tradco India Pvt. Ltd. & Anr. Vs. State Bank of India Comp. App. (AT) (Ins.) No. 717 of 2022
NATIONAL COMPANY LAW APPELLATE TRIBUNAL-(Cases)
The second observation of the Adjudicating Authority in the second line
of paragraph 3 amply protect the interests of the Corporate Debtor. The Bench has clearly mentioned that if specific document is sought by the Corporate Debtor from the Financial Creditor based on petition which has been filed by the Financial Creditor, the same can be requested from the Financial Creditor and Financial Creditor may provide copy of the same.
Heard Learned Counsel for the Appellants.
2. This Appeal has been filed against the order dated 03.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV by which I.As 1458/2022 and 1459/2022 filed by the Appellant- Corporate Debtor has been disposed of.
3. Learned Counsel for the Appellants submits that in paragraph 3, in first line of the order, Adjudicating Authority has observed that the Bench is not inclined to direct the Financial Creditor to allow the inspection. Paragraph 3 of the order is as follows:-
“3. The Bench is not inclined to direct the Financial Creditor to allow the inspection. However, if specific document is sought by the Corporate Debtor from the Financial Creditor based on petition which has been filed by the Financial Creditor, the same can be requested from the Financial Creditor and Financial Creditor may provide copy of the same. This entire process is to be completed within 7 days from today, 7 days further time is allowed for the Corporate Debtor to file reply. It is made clear that no further time will be granted for filing reply.”
4. The second observation of the Adjudicating Authority in the second line of paragraph 3 amply protect the interests of the Corporate Debtor. The Bench has clearly mentioned that if specific document is sought by the Corporate Debtor from the Financial Creditor based on petition which has been filed by the Financial Creditor, the same can be requested from the Financial Creditor and Financial Creditor may provide copy of the same. We further notice that the impugned order dated 03.06.2022 is only an interlocutory order and the matter had been fixed on 28.06.2022. The matter being pending before the Adjudicating Authority, we are not inclined to entertain this Appeal. If there are any grievances, it is always open for the Appellant to place it before the Adjudicating Authority for consideration.
5. With these observations, we dismiss the Appeal.
[Justice Ashok Bhushan]
Chairperson
[Justice M. Satyanarayana Murthy]
Member (Judicial)
[Barun Mitra]
Member (Technical)
