Delhi High Court Directs NCLT: Endeavour Should be Made to Upload Orders in an Expeditious Manner

Delhi High Court Directs NCLT: Endeavour Should be Made to Upload Orders in an Expeditious Manner

The Delhi High Court by its single judge Justice Pratibha M Singh has directed the National Company Law Tribunal (NCLT) to upload its orders in an expeditious manner without delay.

The Court passed such direction after considering the nature of the orders which are passed by the NCLT especially orders by which moratorium is declared and Insolvency Resolution Professionals (IRPs) are appointed.

The present petition was filed by Petitioner - Mr Subrata Monindranath Maity, a resolution professional seeking setting aside of the impugned order dated 10th January, 2023 passed by the Respondent - Insolvency and Bankruptcy Board of India (IBBI).

The Petitioner was appointed as the resolution professional of M/s. Bhatia Coke and Energy Limited as also M/s Guardian Homes Pvt. Ltd. Vide impugned order dated 10th January, 2023, the IBBI suspended the Petitioner’s registration as a resolution professional for a period of one year.

The case of the Petitioner was that he had not indulged in any misconduct qua the said companies and thus the suspension is not tenable. On behalf of the Respondent, Madhavi Divan, ld. Additional Solicitor General (ASG) submitted that the Petitioner’s conduct 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.

It was also submitted that the Central Bureau of Investigation (CBI) had registered a case against Maity.

Issuing notice in the plea, Justice Singh noted that the NCLT’s order dated 14 March, 2022, was uploaded only on 29 April, 2022, after six weeks.

“A copy of this order be communicated to the Registrar, NCLT for compliance,” the Court ordered.