# In the matter of Aeromech Technologies Pvt. Ltd. Vs. Indian Overseas Bank CA (AT) (Insolvency) No. 53-2018

> NCLAT judgment dated 2018-02-16. Citation: TCN-2018-NCLAT-00375. The case pertains to an application filed by the Corporate Debtor under Section 10 of the…

- **Court:** NCLAT
- **Order date:** 16 Feb 2018
- **Citation:** TCN-2018-NCLAT-00375
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aeromech-technologies-pvt-ltd-vs-indian-overseas-bank-ca-72193e10

## Summary

### Background

The case pertains to an application filed by the Corporate Debtor under Section 10 of the Insolvency and Bankruptcy Code, 2016, which was pending before the Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench. No order had been passed by the Adjudicating Authority within the stipulated 14 days.

## Facts

The Corporate Debtor filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016. The application was pending before the Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench. No order had been passed by the Adjudicating Authority within the required 14 days. The matter had been pending for a long time. The Adjudicating Authority had not passed any order either admitting or rejecting the application.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in not passing an order on the application filed …

**Ratio:** The Adjudicating Authority is required to pass

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**Reasoning:** The court observed that the matter had been pending for a long time and no order had been

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**Interpretation:** The Adjudicating Authority has a duty to adjudicate matters within a reasonable

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**Application:** The Adjudicating Authority failed to pass an order within the stipulated 14

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## Parties

- **Judges:** S.J. Mukhop…
- **Appellants:** Aeromech Technolog…
- **Respondents:** Indian Overseas…

## Timeline

- **2018-02-16 — Order Da…**: The court directed the Adjudicating Authority to hear the parties and pass an appropriate…

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