Tribunals and CommissionsFull Bench(2025) 01 NCLAT CK 1671

Anil Kumar vs Edelweiss Asset Reconstitution Company Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 23 January 2025

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
I.A. No. 6483 of 2024 IN Comp. App. (AT) (Ins.) No. 519 of 2023

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Judgment

7 paragraphs · 204 words

23.01.2025: I.A. No. 6483 of 2024:-

This is an application praying for following reliefs:-

“a) allow the present Application;

b) clarify that the order dated 1 November 2023 passed by this Hon'ble Appellate Tribunal in Contempt Case No. 32 of 2023 was confined only to the assets covered under the Resolution Plan submitted by the Respondent No. 1 1 for the Corporate Debtor, and consequentially, the Applicant has the right to proceed with the enforcement of its security interest in the residential Flat which falls outside the scope of the Resolution Plan;

c) pass any such other or further order(s) as this Hon'ble Appellate Tribunal may deem fit and proper in the facts and circumstances of the present case.”

2.

By order dated 01.11.2023 Contempt Case No.32 of 2023 was closed.

We do not find any ground to issue any clarification as prayed for in the application. The Contempt Case having been closed, no clarification is required as prayed. Insofar as prayer that the Applicant has right to proceed with the enforcement of security, the said issue cannot be gone into in this clarification application. The parties are always at liberty to take such remedy as available in law. The clarification application is rejected.