Aditya Birla Finance Ltd v. Sushmita Dutta Dey

12.04.2023 Item No. 301 Ct. No. 237 RUP CO. 787 of 2023 Aditya Birla Finance Limited Vs.

Sushmita Dutta Dey Mr. Sagar Bandopadhya, Ms. Ranjabati Ray.........for the petitioner. This revisional application has been filed with a prayer for expeditious disposal of IBC Case No. 3 of 2022 pending before the Presiding Officer Debts Recovery Tribunal-III, Kolkata.

Learned advocate appearing on behalf of the petitioner has referred to provision of Section 100 of the Insolvency and bankruptcy Code, 2016.

Considering the nature of the prayer, I do not find any reason to ask the learned advocate on behalf of the petitioner to serve notice upon the opposite party. Service upon the opposite party is thus dispensed with.

The provision of Section 100 (1) of the Insolvency and Bankruptcy Code, 2016 contemplates specific time limit for the disposal of the application on receipt of report under Section 99 of the Act in terms of Sections 94 or 95 as the case may be.

Considering the facts and circumstance as well as the specific provision of the Insolvency and Bankruptcy Code, 2016, I request the Presiding Officer Debts Recovery Tribunal-III, Kolkata or the Presiding Officerin-Charge of the Tribunal to dispose of the IBC Case No. 3 of 2022 within 14 days from the date of the receipt of the order in compliance with the provision of Section 100 of the Insolvency and Bankruptcy Code, 2016. Petitioner is directed to make communication of this order to the Presiding Officer Debts Recovery Tribunal-III, Kolkata.

With this observation and direction, the revisional application stands disposed of.

All the parties shall act on the server copy of this order duly downloaded from the official web site of this Court.

(Bibhas Ranjan De, J.)