# In the matter of Surinder Kaur & Ors. Vs. International Recreation and Amusement Ltd. Through Resolution Professional CA (AT) (Ins) No. 208 of 2021

> NCLAT judgment dated 2021-03-18. Citation: TCN-2021-NCLAT-00311. The appeal was filed due to frequent adjournments granted by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 18 Mar 2021
- **Citation:** TCN-2021-NCLAT-00311
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/surinder-kaur-ors-vs-international-recreation-and-amusement-ltd-through-resoluti-6e8d2b06

## Summary

### Background

The appeal was filed due to frequent adjournments granted by the Adjudicating Authority regarding a Resolution Plan pending approval since 2019, with the matter being adjourned approximately 18 times. The appellant is aggrieved by these adjournments.

## Facts

Surinder Kaur & Ors. filed an appeal against International Recreation and Amusement Ltd. through its Resolution Professional. The appellant was aggrieved by frequent adjournments granted by the Adjudicating Authority (National Company Law Tribunal) regarding a Resolution Plan that has been pending approval since 2019. The matter had been adjourned approximately 18 times. The date fixed before the Adjudicating Authority had already elapsed. The appellant argued that the Resolution Plan was pending approval before the Adjudicating Authority since 2019.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal has the power of superintendence and control over National Company …

**Ratio:** The legal framework needs to introduce provisions to vest power of superintendence and

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**Reasoning:** The court observes that the lack of supervisory jurisdiction compels aggrieved persons to

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**Interpretation:** The court interprets the existing legal framework as lacking sufficient

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**Application:** The court suggests that the current situation, where frequent adjournments lead

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## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…
- **Appellants:** Surinder Kaur &…
- **Respondents:** International…

## Timeline

- **2021-03-18 — Order Da…**: The court issued an order directing the Adjudicating Authority to take a call and pass an…
- **2019-01-01 — Resolution Pla…**: The Resolution Plan has been pending approval before the Adjudicating Authority since…

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