# In the matter of Apex Ispat Pvt. Ltd. vs. HY Link Overseas Pvt. Ltd.

> NCLAT judgment dated 2025-04-09. Citation: TCN-2025-NCLAT-00108. The appeal was filed against an order by the Adjudicating Authority that rejected an…

- **Court:** NCLAT
- **Order date:** 9 Apr 2025
- **Citation:** TCN-2025-NCLAT-00108
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/apex-ispat-pvt-ltd-vs-hy-link-overseas-pvt-ltd-1a35f2fb

## Summary

### Background

The appeal was filed against an order by the Adjudicating Authority that rejected an application under Section 340 of the CrPC, specifically IA No. 694 of 2024. The Adjudicating Authority rejected the application because the applicant did not take the steps as directed by the Court. The Section 7 application had already been rejected by the Adjudicating Authority on 12.03.2024, and an appeal against that order has already been filed.

## Facts

Apex Ispat Pvt. Ltd. filed an appeal against an order passed by the Adjudicating Authority. The order rejected an application filed under Section 340 of the CrPC, specifically IA No. 694 of 2024, because the applicant failed to take steps as directed by the Court. Previously, a Section 7 application had been rejected by the Adjudicating Authority on 12.03.2024, and an appeal against that order had already been filed. The appellant's counsel stated that an appeal against the order dated 12.03.2024 had already been filed.

## Issues and analysis

### Issue 1: Whether the appeal against the rejection of the application under Section 340 of the CrPC should be …

**Ratio:** An appeal should not be entertained if an appeal on a related matter has already been

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**Reasoning:** The court reasoned that since an appeal against the rejection of the Section 7

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**Interpretation:** The court interpreted that pursuing multiple appeals on related matters is

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**Application:** The court applied the ratio to the facts by dismissing the appeal, as an appeal

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Apex Ispat Pvt.…
- **Respondents:** HY Link Overseas…
- **Advocates:** Deepak B…; Manohar…; +9 more

## Timeline

- **2024-03-12 — Rejection of Section 7…**: The Adjudicating Authority…
- **2024-01-01 — Filing of IA…**: Application filed under Section 340…

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