# In the matter of M.D. Enterprises 
Vs.
S.P.Y. AGRO Industries Ltd Comp App (AT)(CH)(INS) 233/2022 & IA.No.499/2022

> NCLAT judgment dated 2022-06-28. Citation: TCN-2022-NCLAT-00406. The case pertains to a Company Appeal (AT)(CH)(INS) No. 233/2022 filed under Section 61 of…

- **Court:** NCLAT
- **Order date:** 28 Jun 2022
- **Citation:** TCN-2022-NCLAT-00406
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/md-enterprises-vs-spy-agro-industries-ltd-comp-app-22421dee

## Summary

### Background

The case pertains to a Company Appeal (AT)(CH)(INS) No. 233/2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising out of an order dated 11.05.2022 in CP(IB) No. 304/9/HDB/2020 passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench). The appellant, M.D. Enterprises, filed a Company Petition (IB) No.304/9/HDB/2020 before the Adjudicating Authority, which was pending since 20.08.2020. The first hearing was held on 06.11.2020. The pleadings were completed as early as 06.04.2021.

## Facts

M.D. Enterprises, the Appellant/Operational Creditor, filed a Company Petition (IB) No.304/9/HDB/2020 before the National Company Law Tribunal (NCLT), Hyderabad Bench. The petition was filed against S.P.Y. AGRO Industries Ltd, the Respondent. The petition was pending before the NCLT since 20.08.2020, with the first hearing held on 06.11.2020. Pleadings were completed by 06.04.2021. Dissatisfied with the delay in the disposal of the petition, the Appellant filed a Company Appeal (AT)(CH)(INS) No.233/2022 before the National Company Law Appellate Tribunal (NCLAT), Chennai, seeking a direction to the NCLT to expedite the disposal of the petition. The Appellant's limited prayer was for the NCLAT to direct the NCLT to take up the matter for hearing on 04.07.2022 and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should be directed to expedite the disposal of the Company …

**Ratio:** The Appellate Tribunal has the power to issue directions to the Adjudicating Authority to

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**Reasoning:** The Appellate Tribunal considered the fact that the Company Petition was pending since

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**Interpretation:** This case reinforces the principle that Adjudicating Authorities should strive

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**Application:** The Appellate Tribunal directed the Adjudicating Authority to take up the

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## Parties

- **Judges:** M. Venu…; KanthiNar…
- **Appellants:** M.D. Enter…
- **Respondents:** S.P.Y. AGRO…
- **Advocates:** E. Om Pr…; Muthucharan…

## Timeline

- **2020-08-20 — Company Petiti…**: Company Petition (IB) No.304/9/HDB/2020 filed before the National Company Law Tribunal,…
- **2020-11-06 — First He…**: The first hearing of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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