AI Structured Summary
Not yet generated for this judgment
Judgment
I.A. No. 4790 of 2022
This application has been filed by the Applicants seeking directions in reference to the order dated 03.09.2019 passed by this Tribunal in Company Appeal (AT) (Ins) No. 471 of 2019. This Tribunal disposed of the appeal by the following Order:-
"In the facts and circumstances, without going into the question of maintainability while we are not inclined to interfere with the impugned order dated 26.11.2018, we give liberty to the Appellant or any aggrieved person that if any resolution plan is approved without taking into consideration the interest of the allottees, including the terms of agreement as reached with the Corporate Debtor, they shall be entitled to assail the same.
The appeal stands disposed of with aforesaid liberty. No costs."
The application states that Resolution Plan has been approved against the order of this Tribunal dated 03.09.2019 on 17.10.2019 by CoC and NCLT approved on 12.09.2022.
The order of this Tribunal dated 03.09.2019 granted liberty to the Applicants to assail the order approving the Resolution Plan. Liberty was given to the Home Buyers to challenge the Resolution Plan obviously by filing an appeal which cannot be done by filing the present application.
Learned Counsel for Respondent submits that some appeals have been filed by the Home Buyers challenging the approval of Resolution Plan. It is open for the Appellants to seek intervention if they are so advised, in the pending appeals.
The application is disposed of accordingly.