TaxTMI 
TaxTMI 
2024 (4) TMI 438
X X X X Extracts X X X X
X X X X Extracts X X X X
....tap , Ms. Muskan Jain , Mr. Saikat Sarkar , Advocates for R - 1 . JUDGMENT ASHOK BHUSHAN , J. This Appeal has been filed by the Corporate Debtor, challenging order dated 28.02.2024 passed by National Company Law Tribunal, Cuttack Bench, Cuttack by which IA(IB) No.36/CB/2024 filed by the Appellant for accepting two additional documents was dismissed. Appellant aggrieved by the said order has come up in this Appeal. 2. Brief facts of the case necessary for deciding the Appeal are: (i) The Appellant - Corporate Debtor and Respondent - Operational Creditor entered into an Agreement for purchase and sale of various procurement, e.g. like low ash metallurgical coke, HR coil naptha, crude oil, coking coal etc. (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....clear that the impugned order and conformation thereof will not affect the pending proceedings under the Insolvency and Bankruptcy Code, 2016". (v) After the aforesaid order of the Hon'ble Supreme Court, the Corporate Debtor filed an I.A. No.36/CB/2024 before the Adjudicating Authority to bring on record arbitration petition AP/640/2023 and order dated 13.09.2023 passed by the Calcutta High Court. The Corporate Debtor also filed an MA No.107/2024 before the Hon'ble Supreme Court seeking clarification of order dated 28.11.2023, which MA was dismissed by the Hon'ble Supreme Court on 23.01.2024. (vi) The Adjudicating Authority by the impugned order dated 28.02.2024 dismissed IA No.36/CB/2024 observing that it is not explained....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pplication. The Adjudicating Authority committed error in rejecting the Application of the Appellant seeking permission to bring additional documents on record. 5. Shri Abhijeet Sinha, learned Senior Counsel appearing for Respondent, refuting the submissions of learned Counsel the Appellant submits that arbitration proceedings initiated by the Corporate Debtor before the Hon'ble Calcutta High Court in which order dated 13.09.2023 was passed, which proceedings were initiated much after filing of Section- 9 Application by the Operational Creditor. Only two documents were sought to be brought on record by the Corporate Debtor, i.e. (1) copy of the arbitration petition; and (2) order dated 13.09.2023 passed by the Calcutta High Court. Both t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s filed by the Corporate Debtor, following prayers were made: "A. Leave to rely on the Additional documents of the Applicant/ Corporate Debtor annexed as Annexure "A" and Annexure "B" with this application at the time of hearing of the instant company petition and the Additional documents be taken on record; B. Consideration of the Additional documents of the Applicant/ Corporate Debtor by this Hon'ble Tribunal at the time of hearing of the instant company petition' C. Any other or further order(s) as this Learned Tribunal may deem fit and proper. 8. Annexure "A" which is referred in the prayer, is Arbitration Petition No.640 of 2023 filed under Section 11 of Arbitration and Conciliation Act and Annexure "B" is....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... accordingly dismissed. We make it clear that the impugned order and confirmation thereof will not affect the pending proceedings under the Insolvency and Bankruptcy Code, 2016. Pending application, if any, also stands disposed of." 11. The observation of the Hon'ble Supreme Court to the effect "We make it clear that the impugned order and confirmation thereof will not affect the pending proceedings under the Insolvency and Bankruptcy Code, 2016", makes it clear that Section 9 Application were to be heard without the arbitration proceedings having any effect on the Section 9 Application. It is further relevant to notice that Corporate Debtor also filed MA No.107 of 2024 before the Hon'ble Supreme Court for clarification....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on of liberal approach in Application for production of documents. However, in paragraph-7 itself, the Adjudicating Authority observed that in the present case, the Application was wholly unwanted. Further, reasons have been given in paragraph-8 by the Adjudicating Authority, which is to the following effect: "8. The documents intend to be received are emerged after filing of the main C.P.No.36 /CB/2022. The documents need to be received arc arbitration application and order passed on the arbitration application. When the respondent preferred an appeal before the supreme court against the Arbitration order dated 13.09.2023, the Hon'ble Supreme Court of India by its order dated 28.11.2023 clearly mentioned that the impugned arbi....