# In the matter of MLS LED Limited Vs. HQ Lamps & Manufacturing Company Pvt. Ltd.CA (AT) (Ins) No. 481 of 2021

> NCLAT judgment dated 2021-07-16. Citation: TCN-2021-NCLAT-00182. The case involves an appeal against an impugned order dated 17th March 2021, passed in C.P.…

- **Court:** NCLAT
- **Order date:** 16 Jul 2021
- **Citation:** TCN-2021-NCLAT-00182
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mls-led-limited-vs-hq-lamps-manufacturing-company-pvt-ltdca-68b6bd6a

## Summary

### Background

The case involves an appeal against an impugned order dated 17th March 2021, passed in C.P. No (IB) 219/ALD/2018 by the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench. The appellant, MLS LED Limited, filed an application under Section 9, which remained pending for admission for more than 1074 days. During this period, the matter was heard and reserved for judgment twice but later released. The appellant completed its arguments on 19th February 2020, but the respondent, HQ Lamps & Manufacturing Company Pvt. Ltd., was yet to argue.

## Facts

MLS LED Limited filed an application under Section 9, which remained pending for admission for over 1074 days. The Adjudicating Authority (NCLT Allahabad) heard the matter twice and reserved judgment, but later released it. MLS LED Limited completed its arguments on February 19, 2020, while HQ Lamps & Manufacturing Company Pvt. Ltd. had not yet presented their arguments. The NCLAT noted the delay and referred to Supreme Court observations on the need for clarity in legal arguments. The appeal was filed against an order dated March 17, 2021, passed in C.P. No (IB) 219/ALD/2018. The matter was initially scheduled for hearing on April 22, 2021, but was adjourned due to poor internet connection.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should expedite the hearing and decision-making process in the …

**Ratio:** The principle of expeditious adjudication in insolvency matters is crucial to ensure

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**Reasoning:** The court notes the significant delay in the adjudication process, with the application

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**Interpretation:** The court interprets the need for expeditious adjudication as a fundamental

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**Application:** The court applies this principle by directing the Adjudicating Authority to

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## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** MLS LED L…
- **Respondents:** HQ Lamps &…

## Timeline

- **2021-03-17 — Impugned…**: Impugned order passed by the Adjudicating Authority (National Company Law Tribunal),…
- **2020-02-19 — Appellant's Arguments…**: MLS LED Limited, the Original…

## 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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