- (1.) Heard Shri S. Chidambaram, Learned PCS for the Applicant in CA 190/2017, Shri K.K. Rao, Learned IRP, Shri Deepak Bhattarcharjee, Learned Senior Counsel and Shri T. Nagender, Learned Counsel for the Petitioner (Canara Bank) in CA 210/2017.
(2.) Ca No.190/2017 is filed under Section 60 (5) of the IBC, 2016 is filed by Shri S.Chidambaram, Learned PCS on behalf of M/s. Nagarjuna Travels and Hotels Limited (Applicant herein) . The CA was listed for admission and heard on 16.11.2017 and at the request of one of the Counsels, the case stands posted to 07.12.2017. Accordingly, the case is listed today for hearing. When the case ;-as taken up for hearing, Mr. S.Chidambaram, Learned PCS was not ready to argue the case.
(3.) It has come to our notice by verifying the web-site of NCLAT, it is found that M/s. Nagarjuna Travels and Hotels Limited has challenged the said docket order dated 16.11.2017 vide Company Appeal (AT) (Insolvency) No.301/2017. The Hon'ble NCLAT has passed order dated 05.12.2017. The operative portion of the order is as follows:- "Having heard the learned counsel for the appellant, we find that the present appeal is frivolous and the case is likely to be listed on 7th December, 2017. For the said reason, we dismiss the appeal with cost of Rupees One Lakh be paid in favour of Kotak Mahindra Bank by Shri E. Venkatram Reddy, Director, who filed the appeal on behalf of the Corporate Debtor without any authority. Further, Mr. S.Chidambaram, Learned PCS did not inform us about filing of the said appeal and order passed by the Hon'ble NCLAT. Therefore, we wanted to hear the CA on 11.12.2017.;