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Judgment
Heard learned counsel for the parties. This Appeal has been filed against order dated 28.04.2022 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Court-IV. This order has been passed on Section 95(1) Application filed by the Financial Creditor. By the impugned order of the Adjudicating Authority only Resolution Professional has been appointed and a report has been called for by the Resolution Professional and next date has been fixed for 30.06.2022.
Learned counsel for the Appellant submits that the Insolvency Resolution Proceeding against the Corporate Debtor is pending in Court No. V, where Resolution Plan has already been approved by the CoC and is pending consideration of the Adjudicating Authority. It is submitted that the Application under Section 95(1) should also be heard by the same Bench which is hearing the CIRP of the Corporate Debtor.
We have considered submissions of the learned counsel for the Appellant and perused the record.
The impugned order only appoints Resolution Professional and directs for submission Report by Resolution Professional. The Application has not yet been admitted under Section 100. We are of the view that it is open for the Appellant to raise all his objections when application comes for admission or rejection before the Adjudicating Authority. It is also open for the Appellant to file appropriate application for transfer of the Section 95(1) Application in the same Court where the CIRP of the Corporate Debtor is pending consideration. With these observations we dispose of this Appeal without interfering in the order impugned.