“Upload orders on website expeditiously”: Delhi High Court directs NCLT
Noting that an NCLT order of March 14, 2022, had been uploaded on April 24, 2022, i.e. “after six weeks”, the bench of Justice Prathiba M. Singh directed the National Company Law Tribunal (NCLT) to upload orders on the website "expeditiously, without any delay".
The Delhi High Court on Wednesday directed the National Company Law Tribunal (NCLT) to upload orders on the website "expeditiously, without any delay".
Noting that an NCLT order of March 14, 2022, had been uploaded on April 24, 2022- “after six weeks”, Justice Prathiba M. Singh observed, “Considering the nature of the orders which are passed by the NCLT especially orders by which moratorium is declared and IRPs are appointed, endeavor shall be made to upload such orders in an expeditious manner and not in a delayed manner as in the present case”.
“A copy of this order be communicated to the Registrar, NCLT for compliance”, the single judge bench added.
Justice Singh was hearing a plea filed by a Resolution Professional (RP) namely Subrata Monindranath Maity seeking to set aside an order passed by the Insolvency and Bankruptcy Board of India (IBBI) on January 10.
Maity was appointed as the RP of M/s. Bhatia Coke and Energy Limited, as well as M/s Guardian Homes Pvt. Ltd. The IBBI suspended her registration as a resolution professional for a year in the impugned order dated January 10, 2023.
The petitioner’s case was that he did not indulge in any misconduct qua the said companies and thus the suspension was not tenable.
On the contrary, Additional Solicitor General (ASG) Madhavi Diwan, on behalf of IBBI contended that Maity was found to be lacking in the case of two companies i.e. M/s Bhatia Coke and Energy Limited and M/s Guardian Homes Pvt. Ltd. for which the show cause notices were also issued. The ASG also stated that in fact, the CBI has registered a case against Maity.
Considering the nature of the matter, the court issued notice to the respondents and directed CBI to be impleaded in the present case. The court further directed CBI to file a status report in respect of the case which has been registered by it in Pune, at least one week before the next date of hearing.
The single-judge bench accordingly, listed the matter for further hearing on September 8.
Case Title: Subrata Monindranath Maity v. IBBI