In the matter of Surinder Kaur & Ors. Vs. International Recreation and Amusement Ltd. Through Resolution Professional CA (AT) (Ins) No. 208 of 2021

There being no order on merit and the date for which the matter before the Adjudicating Authority (National Company Law Tribunal) New Delhi Principal Bench was fixed having already elapsed, this appeal may not lie. However, the matter does not end there. The Appellant appears to be aggrieved of frequent adjournments being granted by the Adjudicating Authority and re-notifying the matter time and again. It is submitted by learned counsel for the Appellant that the Resolution Plan is pending approval before the Adjudicating Authority since 2019 and the matter has been adjourned as many as 18 times. This is not the First case of such nature. There is need to introduce provision in the legal framework to vest power of superintendence and control qua National Company Law Tribunals in this Appellate Tribunal. Due to lack of supervisory jurisdiction many aggrieved persons are compelled to adopt the route of filing the appeal though there is no order on merit.

We accordingly dispose off this appeal by directing the Adjudicating Authority to take a call and pass an order on merit in regard to the Resolution Plan pending consideration before it within two weeks.

Copy of this order be communicated to the Adjudicating Authority.

[Justice Bansi Lal Bhat]

Acting Chairperson

[Dr. Ashok Kumar Mishra]

Member (Technical)