2024 (1) TMI 531

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....(s) Mr. Krishnendu Datta, Sr. Adv. Ms. Palak Nenwani, Adv. Mr. Hafeez Patanwala, Adv. Ms. Riya Hotchandani, Adv. For M/S. Juris Corp., AOR ORDER 1. The appeal under Section 62 of the Insolvency and Bankruptcy Code 2016 ["IBC"] arises from an order dated 6 December 2023 of the National Company Law Appellate Tribunal ["NCLAT"]. 2. The application filed by the first respondent under Section 7 of IBC was dismissed by the National Company Law Tribunal ["NCLT"] on 25 March 2022 on the ground that the debt was barred by limitation. However, while dismissing the petition on the ground of limitation, the NCLT also made the following observations on merits in paragraph 29 of its decision: "29. It is clear to the Bench that there is ....

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.... 2023, which is pending. 6. The NCLT, by an order dated 25 October 2023, declined to adjourn the proceedings on the ground of the pendency of the review petition and also recorded the request of the counsel for the appellant who sought time to file a further affidavit. No specific leave for filing an affidavit was granted by the NCLT. Aggrieved by the order of the NCLT dated 25 October 2023, the respondents filed an appeal before the NCLAT, which has been disposed of by the impugned order dated 6 December 2023. The NCLAT has directed the NCLT to admit the application under Section 7. That is how the appeal arises before this Court. 7. We have heard Dr Abhishek Manu Singhvi and Mr Dhruv Mehta, senior counsel appearing on behalf of the ....