# In the matter of Dalian Huarui Heavy Industry International Co. Ltd. vs. Dhiren Shantilal Shah, RP Tuticorin Coal Terminal Pvt. Ltd. & Anr. Company Appeal (AT) (Insolvency) No. 532 of 2023

> NCLAT judgment dated 2023-05-04. Citation: TCN-2023-NCLAT-00551. The case involves an appeal against an order dated March 15, 2023, passed in I.A. No. 1255 of…

- **Court:** NCLAT
- **Order date:** 4 May 2023
- **Citation:** TCN-2023-NCLAT-00551
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dalian-huarui-heavy-industry-international-co-ltd-vs-dhiren-shantilal-shah-rp-tu-5e9a929f

## Summary

### Background

The case involves an appeal against an order dated March 15, 2023, passed in I.A. No. 1255 of 2020. The Adjudicating Authority had directed parties to file evidence and permitted them to raise submissions, but the order did not indicate any expression of opinion by the Adjudicating Authority. The Respondent's counsel pointed to an earlier order passed by the Tribunal on October 21, 2022, in Company Appeal (AT) Ins. No. 589 of 2022, filed by the Appellant.

## Facts

Dalian Huarui Heavy Industry International Co. Ltd. filed an appeal against an order dated March 15, 2023, passed in I.A. No. 1255 of 2020. The Adjudicating Authority had directed parties to file evidence and permitted them to raise submissions, but the order did not indicate any expression of opinion by the Adjudicating Authority. Dhiren Shantilal Shah, RP Tuticorin Coal Terminal Pvt. Ltd. & Anr. are the respondents. The Respondent's counsel referred to an earlier order passed by the Tribunal on October 21, 2022, in Company Appeal (AT) Ins. No. 589 of 2022, filed by the Appellant. The Tribunal noted that the Appellant's Application I.A. No. 1255/2020 was already pending consideration before the Adjudicating Authority and had not yet been decided on merits. The

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## Issues and analysis

### Issue 1: Whether the Tribunal should entertain the appeal when the Adjudicating Authority has yet to make a …

**Ratio:** An appellate tribunal should generally refrain from intervening in matters where the

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**Reasoning:** The Tribunal reasoned that since the Adjudicating Authority had not yet decided on the

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**Interpretation:** This principle emphasizes the importance of allowing the adjudicating authority

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**Application:** In this case, the Tribunal applied the principle by dismissing the appeal,

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Dalian Huarui…
- **Respondents:** Tuticorin Coal…; Dhiren Shantilal…

## Timeline

- **2023-03-15 — Order Da…**: Order passed by the Adjudicating…
- **2022-10-21 — Earlier…**: Earlier Order passed by the Tribunal in…

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