NCLAT Continues Interim Order and Directs Listing of Appeals for Hearing in Insolvency Matter. The Tribunal ordered that the interim order granted in one of the appeals shall continue until the next hearing date.

Tribunals: National Company Law Appellate Tribunal Bench: CHENNAI
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Case Note & Summary

The National Company Law Appellate Tribunal (NCLAT) at Chennai, in Company Appeal (AT) (CH) (Ins) No.128/2023 and 129/2023, passed an order on 20.12.2024. The appeals were filed by Umesh Mishra, the suspended director of Arrowline Organic Products Pvt. Ltd., against Srei Equipment Finance Ltd. and another respondent. The Tribunal directed the Office of the Registry to list the appeals for hearing on 10.03.2025 under the caption 'For Hearing'. It further ordered that the earlier interim order granted by the Tribunal in Company Appeal (AT) (CH) (Ins) No. 129/2023 shall continue until the next date of hearing. The order was delivered by a bench comprising Justice Sharad Kumar Sharma (Member Judicial) and Jatindranath Swain (Member Technical).

Headnote

A) Insolvency Law - Interim Order - Continuation - Insolvency and Bankruptcy Code, 2016 - The Tribunal directed the Registry to list the appeals for hearing on 10.03.2025 and ordered that the earlier interim order granted in Company Appeal (AT) (CH) (Ins) No. 129/2023 shall continue until the next date of hearing. (Para 1)

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Issue of Consideration

Whether the interim order granted earlier should continue pending hearing of the appeals.

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Final Decision

The Tribunal directed the Registry to list the appeals on 10.03.2025 for hearing and ordered that the earlier interim order granted in Company Appeal (AT) (CH) (Ins) No. 129/2023 shall continue until the next date of hearing.

Law Points

  • Interim order continuation
  • Listing for hearing
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Case Details

2024 LawText (NCLAT) (01) 66

Company Appeal (AT) (CH) (Ins) No.128/2023 and 129/2023

2024-12-20

Justice Sharad Kumar Sharma, Jatindranath Swain

Mr. Jerin Asher Sojan, Mr. Pawan Jhabakh, Mr. Bathri Narayanan, Mr. Anant Merathia

Umesh Mishra

Srei Equipment Finance Ltd. & Anr.

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Nature of Litigation

Appeals under insolvency law against an order of the Adjudicating Authority.

Remedy Sought

The appellant sought continuation of interim order and listing of appeals for hearing.

Filing Reason

Challenge to an order passed in insolvency proceedings.

Previous Decisions

An interim order was granted earlier in Company Appeal (AT) (CH) (Ins) No. 129/2023.

Issues

Whether the interim order should continue pending hearing of the appeals.

Ratio Decidendi

The Tribunal continued the interim order to maintain status quo until the next hearing date.

Judgment Excerpts

The ‘Office of the Registry’, is directed to ‘List’ the above ‘Appeals’ on 10.03.2025, under the caption, ‘For Hearing’. Till the next date of ‘Hearing’, the earlier ‘Interim Order’, granted by this ‘Tribunal’ in Company Appeal (AT) (CH) (Ins) No. 129/2023, shall ‘Continue’.

Procedural History

The appeals were filed before NCLAT Chennai. An interim order was previously granted in one of the appeals. On 20.12.2024, the Tribunal passed the present order directing listing and continuation of interim order.

Acts & Sections

  • Insolvency and Bankruptcy Code, 2016:
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Tribunals NCLAT Continues Interim Order and Directs Listing of Appeals for Hearing in Insolvency Matter. The Tribunal ordered that the interim order granted in one of the appeals shall continue until the next hearing date.