# In the matter of Oyster Steel and Iron Pvt. Ltd. Vs. SMW Metal Pvt. Ltd.,Company Appeal (AT)(Ins) No. 1128 of 2019

> NCLAT judgment dated 2022-11-25. Citation: TCN-2022-NCLAT-00071. The case involves an appeal where the appellant sought an adjournment due to the difficulty…

- **Court:** NCLAT
- **Order date:** 25 Nov 2022
- **Citation:** TCN-2022-NCLAT-00071
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/oyster-steel-and-iron-pvt-ltd-vs-smw-metal-pvt-ltdcompany-appeal-352214dc

## Summary

### Background

The case involves an appeal where the appellant sought an adjournment due to the difficulty of their counsel. Previously, the appeal was adjourned on 2022-09-27 based on a prayer from the appellant. The appeal was initially dismissed on 2022-03-10 due to the repeated non-appearance of the appellant's counsel. Subsequently, a restoration petition was filed and allowed on 2022-08-08, restoring the appeal to its original file. This is the second instance where a prayer for adjournment is being made after the appeal's restoration.

## Facts

Oyster Steel and Iron Pvt. Ltd. filed an appeal against SMW Metal Pvt. Ltd. The appellant sought an adjournment on 2022-11-25 due to the difficulty of their counsel. The appeal had previously been adjourned on 2022-09-27 at the appellant's request. The appeal was initially dismissed on 2022-03-10 because the appellant's counsel repeatedly failed to appear. A restoration petition was filed and allowed on 2022-08-08, reinstating the appeal. This is the second time an adjournment has been requested since the appeal was restored. The court ultimately dismissed the appeal due to non-prosecution.

## Issues and analysis

### Issue 1: Whether the court should grant the …

**Ratio:** Courts have discretion to grant or deny adjournments based on the circumstances of the

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**Reasoning:** The court notes that the appeal had previously been dismissed due to the appellant's

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**Interpretation:** The court interprets the repeated requests for adjournment, especially after

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**Application:** Given the history of the case, the court applies its discretion to deny the

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## Parties

- **Judges:** Rakesh…; Ashok Kumar…
- **Appellants:** Oyster Steel and…
- **Respondents:** SMW Metal Pvt.…

## Timeline

- **2022-03-10 — Appeal Dis…**: The appeal was dismissed due to the repeated…
- **2022-08-08 — Restoration Petition…**: The appeal restoration petition was allowed, and the appeal was restored to its original…

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