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Judgment
O R D E R
14.02.2023 The Appellants have preferred the present Appeals under Section 61 of the Insolvency & Bankruptcy Code, 2016, being aggrieved and dissatisfied by the order dated 25.03.2021 passed by National Company Law Tribunal, Indore Bench, Court-II at Ahmedabad in IA 58 of 2021 (MP) in CP (IB) 192/9/NCLT/AHM/2017 in TP 230 of 2019 whereby application filed by the Resolution Professional for seeking exclusion of period from 12.01.2021 till 13.03.2021 from the Corporate Insolvency Resolution Process period was allowed.
From the perusal of the impugned order dated 25.03.2021 it shows that the meeting of CoC have been called on 09.06.2020 to consider the Resolution Plan in spite of the fact that application for liquidation was already pending before the Tribunal.
Learned Counsel for the Appellant and Respondents are present.
Heard the Ld. Counsel for the parties in both these Appeals. During the course of argument, we observed that the certain observations made by the Adjudicating Authority including the asset of the Corporate Debtor while considering the Resolution Plan, but the Ld. Counsel for the Appellant is not in a position to inform this Court regarding the status of Resolution Plan and from the impugned order which is reflected that the matter had proceeded under liquidation. This Tribunal is not inclined to interfere with impugned order since no case is made out. In view of the fact, these Appeals are not Company Appeal (AT) (Insolvency) Nos. 490 & 491 of 2021 2 of 3 maintainable. Accordingly, the instant Appeals are hereby dismissed. No order as to costs.