Tribunals and CommissionsDivision Bench(2023) 05 NCLAT CK 0915

Basheer Kunnummal & Ors. vs Mather Projects Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal, New Delhi · Decided on 11 May 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical)
CASE NUMBER
Company Appeal (AT) (Insolvency) No.482 of 2023 & I.A. No. 1577 of 2023

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Judgment

5 paragraphs · 208 words

O R D E R

This Appeal has been filed against the order dated 01.02.2023 passed by the Adjudicating Authority in I.A. No. 384 of 2023 and I.A. No. 385 of 2023. The only order passed by the Adjudicating Authority is that on the application filed by the Resolution Professional report of quarter ending 31.07.2022 and 30.04.2022 is taken on record.

2.

Learned counsel for the Appellant submits that the Reports have been taken on record without any opportunity to the Appellant to contest the Report. It is further submitted that the Adjudicating Authority has not ascertained whether the facts asserted in the report are correct or not.

3.

We have considered the submission of learned counsel for the Appellant and perused the record.

4.

By the order the report submitted by the Resolution Professional has been taken on record. It is obligation of the Resolution Professional to submit report to the Adjudicating Authority. In event, the Appellant is aggrieved by any statement in the Report, it is open for the Appellant to take such remedy as available in law. We do not find any goo ground to entertain this Appeal against the order by which only report has been taken on record. Appeal is disposed of, accordingly.