National Company Law Appellate Tribunal
Apex Ispat Private Limited vs Hy Link Overseas Private Limited on 9 April, 2025
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Insolvency) No. 160 of 2025
IN THE MATTER OF:
Apex Ispat Pvt. Ltd. ...Appellant
Versus
HY Link Overseas Pvt. Ltd. ...Respondents
Present:
For Appellant : Mr. Deepak Biswas, Mr. Manohar Malik, Mr. Sunaid
Khan, Ms. Farah Khan, Advocates.
For Respondents : Mr. Himanshu, Mr. Piyush Agarwal, Ms. Anju
Thomas, Ms. Shrivalli, Ms. Astha Sharma, Advocates
for SRA.
Mr. Mohit Nandwani, Mr. Abhishek Goswami,
Advocates.
ORDER
(Hybrid Mode) 09.04.2025: This Appeal has been filed against order passed by the Adjudicating Authority rejecting the application filed under Section 340 of CrPC being IA No.694 of 2024. The application was rejected by the Adjudicating Authority since the applicant failed to take steps as directed by the Court.
2. The application was filed by the Applicant under Section 340 of the CrPC. Section 7 application has already been rejected by the Adjudicating Authority by order dated 12.03.2024. It has been stated by learned counsel for the Appellant that an appeal has already been filed against order dated 12.03.2024.
Cont'd.../ 2
3. At this stage, we see no reason to entertain this appeal, appeal having already been filed against rejection of section 7 application. Appeal is dismissed. However, it shall be open for the Appellant to take such remedy as available in law.
[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) [Arun Baroka] Member (Technical) Archana/nn Company Appeal (AT) (Ins.) No.160 of 2025