# In the matter of BRS Ventures Investment Ltd. Vs. GIR Logistics Pvt. Ltd. & Anr. CA (AT) (Ins) No. 232 of 2021

> NCLAT judgment dated 2021-03-25. Citation: TCN-2021-NCLAT-00307. The case involves an appeal against an order dated 23rd February, 2021, passed by the…

- **Court:** NCLAT
- **Order date:** 25 Mar 2021
- **Citation:** TCN-2021-NCLAT-00307
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/brs-ventures-investment-ltd-vs-gir-logistics-pvt-ltd-anr-ca-5d03055c

## Summary

### Background

The case involves an appeal against an order dated 23rd February, 2021, passed by the Adjudicating Authority (National Company Law Tribunal) Guwahati Bench, Guwahati, which directed the Respondent to handover goods to the Appellant. The order stipulated that the Appellant had seven days to take back the goods, failing which its entitlement to recover the goods would be extinguished. The appellant sought an extension of time and removal of the condition imposed due to non-lifting of goods within the seven-day period.

## Facts

The Adjudicating Authority ordered the Respondent to hand over goods to the Appellant. The Appellant had seven days to retrieve the goods, after which their right to recover them would be extinguished. The Appellant filed an appeal seeking an extension of time and removal of the condition of lifting the goods within seven days. Simultaneously, the Appellant also applied to the Adjudicating Authority for an extension of time. The Respondent argued that the Appellant had already sought an extension of time from the Adjudicating Authority. The court found that the original order was a consent order.

## Issues and analysis

### Issue 1: Whether the Appellant is entitled to an extension of time and removal of the condition imposed for …

**Ratio:** An appeal is not maintainable if the appellant has an alternative remedy available and

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**Reasoning:** The court reasoned that the Appellant had the opportunity to approach the Adjudicating

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**Interpretation:** The court interpreted the availability of an alternative remedy (seeking an

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**Application:** The Appellant's simultaneous application for extension of time and filing of

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## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…
- **Appellants:** BRS Ventures…
- **Respondents:** GIR Logistics…
- **Advocates:** Ajay Ga…; VineetaRa…; +3 more

## Timeline

- **2021-02-23 — Impugned…**: The Adjudicating Authority passed an order directing the Respondent to handover goods to…
- **2021-03-25 — Order Da…**: The NCLAT dismissed the…

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