NATIONAL COMPANY LAW APPELLATE TRIBUNAL

NEW DELHI

Company Appeal (AT) (Insolvency) No. 389 of 2020

IN THE MATTER OF:

Vidarbha Industries Power Ltd.

…Appellant

Versus

Axis Bank Ltd.

…Respondent

Present:

For Appellant :

Mr. Abhijeet Sinha, Mr. Ankur Kashyap, Mr. Hasan

Murtaza and Mr. Alok Kumar, Advocates.

O R D E R

04.03.2020

Axis Bank Ltd. has moved an application under Section 7 of

the Insolvency and Bankruptcy Code, 2016 (for short the ‘I&B Code’) against

Vidarbha Industries Power Limited (‘Corporate Debtor’ - Appellant herein). The

matter is pending consideration and posted for hearing today, i.e., on 4^th March,

2020. In the said case, the Appellant has moved a Miscellaneous Application

(MA), which has not been ordered to be listed on 4^th March, 2020 by the

impugned order dated 13^th February, 2020 passed by the Adjudicating Authority

(National Company Law Tribunal), Court -5, Mumbai Bench, Mumbai.

Learned Counsel for the Appellant submits that the Adjudicating Authority

should not admit the Application under Section 7 filed by the Axis Bank Ltd.

without hearing the MA filed by the Appellant herein. Learned Counsel for the