# In the matter of ASL Enterprises Ltd. vs. Adi Ispat Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-09-02. Citation: TCN-2024-NCLAT-00225. The appeal was filed against an order passed by the Adjudicating Authority on 2024-06-18…

- **Court:** NCLAT
- **Order date:** 2 Sept 2024
- **Citation:** TCN-2024-NCLAT-00225
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/asl-enterprises-ltd-vs-adi-ispat-pvt-ltd-anr-5081288f

## Summary

### Background

The appeal was filed against an order passed by the Adjudicating Authority on 2024-06-18 regarding I.A. No.1687/KB/2023 filed by the Liquidator. The Appellant was declared the successful bidder following a public announcement on 2022-09-29. The Appellant filed I.A. No.240/KB/2024 for reliefs and concessions, which was allowed on 2024-05-10. The Adjudicating Authority reserved its decision on the dissolution application on 2024-01-04 and subsequently allowed it on 2024-06-18. The Appellant claims they were not made a party to the dissolution application and the Adjudicating Authority was not aware of the earlier order granting reliefs and concessions.

## Facts

ASL Enterprises Ltd. (Appellant) was declared the successful bidder in the liquidation proceeding of the Corporate Debtor, following a public announcement on 2022-09-29. Subsequently, the Appellant filed I.A. No.240/KB/2024 seeking reliefs and concessions, which was allowed by the Adjudicating Authority on 2024-05-10. The Liquidator filed I.A. for dissolution of the Corporate Debtor. The Adjudicating Authority reserved the order on the dissolution application on 2024-01-04 and allowed it on 2024-06-18. The Appellant claims they were not made a party to the dissolution application and that the Adjudicating Authority was unaware of the earlier order granting reliefs and concessions. The Appellant had deposited the entire sale consideration and received a possession

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in passing the order dated 2024-06-18 without considering …

**Ratio:** An order passed in ignorance of a prior order of the same authority is liable to be set

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**Reasoning:** The court reasoned that the Adjudicating Authority had already granted reliefs and

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**Interpretation:** This highlights the importance of considering all relevant facts and prior

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**Application:** The court applied this principle to the facts by noting that the Adjudicating

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** ASL Enterprises…
- **Respondents:** Adi Ispat Pvt.…

## Timeline

- **2022-09-29 — Public Annou…**: Public announcement declaring ASL…
- **2022-10-20 — Sale Notic…**: Sale notice referred to by the Liquidator,…

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