GP CAPT. ATUL JAIN Vs. NCLAT

JUDGEMENT

(1.) Proceedings have been conducted through video conferencing. CM APPL. 27762/2021 (Exemption from filing notarized affidavits) For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court. Application is disposed of.

(2.) Appellant in person submits that he had filed a writ petition before the learned Single Judge of this Court impugning orders dtd. 12/10/2020 and 17/12/2020 passed by learned NCLAT, whereby directions were issued to the parties before the NCLAT to file brief written submissions and copies of the judgments on which they wanted to rely on at the time of arguments as also a direction to provide copies of the brief written submissions filed by the Appellant to the Respondent / Hospital. According to the Appellant, the said directions are beyond the jurisdiction of the NCLAT which does not enjoy the power to regulate its own procedure unlike the NCLT, which has such a power under Rule 51 of the National Company Law Tribunal Rules, 2016. It is also contended that neither in the Companies Act, 2013 nor under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as IBC) there is any procedure under which a direction can be issued to file written submissions and judgments. It is also the submission of the Appellant that under NCLAT Rule 38, the parties or legal practitioners are only required to furnish a list of citations, which may be needed for reference, before the commencement of proceedings but not in advance for the future hearings.

(3.) The brief factual narrative involved in the present case, as set out in the appeal, is that the Appellant had advanced a loan of Rs.40.00 Lakhs as his hard-earned retiral benefits to Tripathi Hospital Private Limited (THPL) on request of its two Directors. The Directors and the CMD cheated the Appellant and did not return the loan amount, as assured, in June 2017. Appellant filed an application under Sec. 7 of IBC before NCLT, Allahabad Bench on 14/10/2019, which was dismissed vide order dtd. 25/6/2020.