# In the matter of Konkola Copper Mines PLC Vs. Stewarts & lloyds of India Ltd. CA(AT) 528-2018

> NCLAT judgment dated 2019-01-24. Citation: TCN-2019-NCLAT-00849. This is an appeal against the order dated 9th July, 2018 in CA(IB) 415/KB/2018 and CA (IB)…

- **Court:** NCLAT
- **Order date:** 24 Jan 2019
- **Citation:** TCN-2019-NCLAT-00849
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/konkola-copper-mines-plc-vs-stewarts-lloyds-of-india-ltd-ca-7c014600

## Summary

### Background

This is an appeal against the order dated 9th July, 2018 in CA(IB) 415/KB/2018 and CA (IB) No. 315/KB/2018. The liquidator was granted relief to contest a pending appeal under the Arbitration and Conciliation Act, 1996. The appellant filed a rejoinder, and the court found the complaint frivolous. The appellant's claim was rejected by the liquidator, and the appeal against this rejection is pending before the Adjudicating Authority.

## Facts

Konkola Copper Mines PLC filed an appeal against an order dated July 9, 2018, in CA(IB) 415/KB/2018 and CA (IB) No. 315/KB/2018. Stewarts & Lloyds of India Ltd. is the respondent. The liquidator was granted relief to contest a pending appeal under the Arbitration and Conciliation Act, 1996. The appellant filed a rejoinder, which the court deemed a frivolous complaint. The appellant's claim had been rejected by the liquidator, and an appeal against this rejection was pending before the Adjudicating Authority. The court found no merit in the appeal and dismissed it.

## Issues and analysis

### Issue 1: Whether the appeal has merit given that the order under challenge is not a final order from the …

**Ratio:** An appeal is generally not maintainable against an interlocutory or non-final order. The

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**Reasoning:** The court reasoned that since the Adjudicating Authority had not passed a final order on

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**Interpretation:** The interpretation is that an appeal can only be filed against a final order

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**Application:** The court applied this principle to the facts by noting that the appellant's

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Konkola Copper…
- **Respondents:** Stewarts & Lloyds…
- **Advocates:** Ranjana Roy…; Vasudha…; +3 more

## Timeline

- **2018-07-09 — Order Da…**: Order passed in CA(IB)…
- **2018-10-03 — Further Consi…**: CA(IB) No. 396/KB /2018 listed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(5) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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