PATWA AUTOMOTIVE PRIVATE Vs. BHAGWATI ELITE MOTORS

JUDGEMENT

(1.) The present petition is filed review of the order dtd. 13/6/2023 passed in W.P. No. 12657/2023 filed by respondent No. 1

(2.) The respondent No. 1 challenged the order dtd. 3/6/2023 issued by Chief Judicial Magistrate, Indore directing the respondent No. 1 to vacate and handover the subject properties within a period of seven days in compliance to the order passed by National Company Law Tribunal (NCLT), Indore. The said petition was disposed off considering the submission of the counsel for the petitioner/respondent No. 1 that NCLAT which is appellate Authority under the Companies Act is not functioning up to 2/7/2023 and, therefore, this Court disposed off the petition with liberty to the petitioner to avail the statutory remedy of appeal against the order of NCLT in accordance with the law. Considering the statement that NCLAT is not functioning till 2/7/2023, an interim protection of status quo was granted in respect of the possession of the subject properties till 2/7/2023.

(3.) The present review petition is filed through liquidator contending that it was wrongly stated before this Court that NCLAT was not functioning during vacation from 5/6/2023 to 2/7/2023. There were vacation sittings and this fact was not brought to the notice of the Court. It is further submitted that after the order passed by this Court, the respondent No. 1/petitioner has filed appeal before NCLAT on 21/6/2023 and in the application, he has projected as if this Court has condoned the delay and granted stay order. It is further urged that as the provisions of Sub-Sec. 2 of Sec. 61 of Insolvency and Bankruptcy Code, 2016, the limitation cannot be condoned beyond 45 days, the petition was filed after expiration of 45 days of limitation.