# In the matter of Index Logistics Pvt. Ltd. Vs. 
JMS Logistics and Express Pvt. Ltd. Company Appeal (AT) (Insolvency) No. 520 of 2022

> NCLAT judgment dated 2022-05-12. Citation: TCN-2022-NCLAT-00485. The appeal was filed challenging the order dated 21.02.2022 by which the Adjudicating…

- **Court:** NCLAT
- **Order date:** 12 May 2022
- **Citation:** TCN-2022-NCLAT-00485
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/index-logistics-pvt-ltd-vs-jms-logistics-and-express-pvt-ltd-company-appeal-584d4337

## Summary

### Background

The appeal was filed challenging the order dated 21.02.2022 by which the Adjudicating Authority had adjourned the Application to 09.05.2022. The appellant's counsel submitted that the application filed under Section 9 is pending for a year, and the Corporate Debtor is seeking adjournments based on settlement grounds, preventing the application from being decided. The Corporate Debtor's counsel stated that no adjournment was sought by the Corporate Debtor.

## Facts

Index Logistics Pvt. Ltd. filed an appeal challenging an order dated 2022-02-21, where the Adjudicating Authority adjourned an application to 2022-05-09. The appellant's counsel stated that the application under Section 9 had been pending for a year due to the Corporate Debtor seeking adjournments for settlement. The Corporate Debtor's counsel denied seeking adjournments. The court noted the pending application and disposed of the appeal, directing the Adjudicating Authority to expedite the application's disposal.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should entertain the appeal when the application is still pending …

**Ratio:** The Appellate Tribunal generally does not interfere with matters pending before the

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**Reasoning:** The court reasoned that since the application was still pending before the Adjudicating

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**Interpretation:** This issue involves the interpretation of the appellate jurisdiction and the

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**Application:** In this specific case, the court applied the principle by refusing to entertain

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## Parties

- **Judges:** Ashok Bh…; Shreesha…
- **Appellants:** Index Logistics…
- **Respondents:** JMS Logistics and…
- **Advocates:** Lisha…; Kavisha…; +2 more

## Timeline

- **2022-02-21 — Adjudicating Authority…**: The Adjudicating Authority…
- **2022-05-09 — Next Hearin…**: The application was adjourned to this…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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