Tribunals and CommissionsFull Bench(2023) 11 NCLAT CK 0023

Ashok Tiwari vs DBS Bank India Ltd. (DBIL) & Anr

National Company Law Appellate Tribunal · Decided on 9 November 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
I.A. No. 4814 Of 2023 in Company Appeal (AT) (Insolvency) No. 418 Of 2022

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Judgment

6 paragraphs · 222 words
1.

I.A. No. 4814 of 2023. This is an application filed by Canara Bank praying for following reliefs:

“i) Direct  the  Ld.  NCLT,  Delhi  Bench-II  to  hear  C.P.(IB)-581(ND)/2022 is also considered along with the of C.P.(IB)-661(ND)/2021; and/or

ii) Pass any other order/direction as may be deemed fit in the facts and circumstances of the case.”

2.

The Appeal which was filed by the Appellant was decided by this Tribunal on 04th July, 2022 which Appeal was filed against the Order dated 25th March, 2022 passed by the Adjudicating Authority admitting Section 7 Application filed by the DBS Bank India Ltd. We have by our order given liberty to the Appellant to withdraw the Appeal and file an Application under Rule 49(2) of NCLT, Rules 2016.

3.

Applicant  in  the  Application  submits  that  Appellant  has  filed  an application to intervene in Section 7 Application which intervention was dismissed as withdrawn. In this Application, the Appellant has sought the prayers as noted above. We have already disposed of the Appeal and no further orders are required to be passed in this Appeal on the Application filed by the Appellant. Matter being pending before the Adjudicating Authority; it is for the Adjudicating Authority to consider any application which are filed before the Adjudicating Authority in accordance with law.

With these observations, we dismiss the Application.