National Company Law Appellate Tribunal
Abhijit Guhathakurta (Liquidator) vs Agc Networks Limited on 18 February, 2025
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 998 of 2025
in
Comp. App. (AT) (Ins) No. 683 of 2021
IN THE MATTER OF:
Abhijit Guhathakurta, Liquidator of EPC ...Appellant(s)
Constructions (India) Ltd. & EPC
Versus
Black Box Ltd. (Earlier known as AGC Networks ...Respondent(s)
Ltd.)
Present:
For Appellant : Mr. Aditya Vikram Singh, Ms. Shreya Chandhok,
Advocates
For Respondents : Mr. Dhruv Dewan, Mr. Tabrez Malawat, Mr. Sourajit
Sarkar, Ms. Rupali Jain, Advocates
ORDER
(Hybrid Mode) 18.02.2025: IA No. 998 of 2025- This application is filed by the liquidator in which he has prayed for modification of the order dated 02.02.2023 for reducing the payment of current monthly charges towards IT services from Rs. 25,00,000/- per month to Rs. 10,00,000/- per month till the application bearing IA No. 846 of 2023 is decided.
2. Counsel for the Appellant has submitted that after the order was passed in CA (AT) (Ins) No. 683 of 2021, application bearing IA No. 846 of 2023 was filed by the Respondent/Black Box Ltd. on 16.02.2023 in which the reply has also been filed on 10.04.2023.
3. It is further submitted that the order was reserved in the said application on 19.04.2023 but on account of the transfer of Member (Technical), it was de reserved on 18.08.2023.
4. The said application was listed for hearing on various dates but on an objection raised by operational creditor association about the Coram of the Bench, the Bench hearing the said application recused.
5. It is also submitted that the said application has been listed on various dates and is now fixed for 27.02.2025 at 12:30 PM. It is submitted that the application is complete in all respects and is fixed for arguments.
6. The Counsel for the Applicant has made an alternative argument for directing the Tribunal to decide the application IA No. 846 of 2023 on the same date i.e. 27.02.2025. Both the Counsel for the parties have assured that they will not seek any adjournment on 27.02.2025 and shall cooperate with the Tribunal to decide the said application on that date.
7. In view of the aforesaid facts and circumstances, the tribunal is requested to decide the application on the date already fixed i.e. 27.02.2025 and in case it find some difficulty in deciding it on the same date, it may not adjourn the case beyond a period of one week and try to decide the same on the said date.
8. With these observations, the present application is hereby disposed of.
[Justice Rakesh Kumar Jain] Member (Judicial) [Naresh Salecha] Member (Technical) [Indevar Pandey] Member (Technical) sr/rr