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Judgment
02.02.2026: Heard learned counsel for the Appellant. This appeal has been filed against order dated 09.12.2025 passed in I.A. No.3234/MB/2023 and I.A. No.5627/MB/2025. Orders passed in the above applications are as follows:
“IA 3234(MB)2023
Heard the Counsel for the Applicant, taken for verification.”
“IA 5627(MB)2025
Since IA-3234 of 2023 is already listed, this IA for urgent listing has become infructuous and is disposed of accordingly.”
Grievance of the Appellant is that in I.A. No.5627/MB/2025 apart from early listing of I.A. No.3234/MB/2023 there were other prayers, which were not considered. The above order indicates that I.A. No.3234/MB/2023 has directed to be taken for verification that this is still pending. Although I.A. No. I.A. No. 5627/MB/2025 has been disposed of observing that I.A. is for urgent listing which has become infructuous. Prayers made in I.A. No.5627/MB/2025 are as follows:
“PRAYERS
In the light of what is stated hereinabove, the applicants most humbly pray that the Hon'ble Adjudicating Authority may
c)dispose of IA 3234/2023 at the ensuing hearing scheduled to be held on 12.12.2025;
OR
d)In an unlikely event that said IA is not disposed of at the hearing on 12.12.2025, then till disposal of said IA.
iv) direction may be given to RP/COC/SRA not to make any payment to any of the creditor other than CIRP creditors, as the same will amount to breach of Sec 30 (2)(a) of the Code,
v)direction may be given to RP/COC/SRA not to make any payment to any CIRP creditor also in breach of explanation 1 to Section 30(2) of the Code;
vi) As the applicants had to sustain interest liability due to default on account of default committed by the Corporate Debtor in making payment of CIRP cost, to consider giving direction for payment of interest for delayed period on defaulted amount at such interest rate as Hon'ble Adjudicating Authority may deem fit and appropriate, in the interest of justice.
e)Pass such other orders as Hon'ble Adjudicating Authority may consider as just and proper in the above matter”
The grievance of the Appellant is that the I.A. has been disposed of as infructuous whereas other prayers have not been adverted to.
I.A. No. 3234/MB/2023 for urgent listing of which subsequent application I.A. No. 5627/MB/2025 was filed, still being pending and not being disposed of, we are of the view that I.A. No. 5627/MB/2025 be revived and I.A. No. 3234/MB/2023 as well as I.A. No. 5627/MB/2025 be considered on the next date fixed in the matter.
In facts of the present case, we are of the view that no purpose shall be served in issuing notice to the Respondents and calling for reply. Appellant to request the Adjudicating Authority for early disposal of the application I.A. No.3234/MB/2023 which is pending from more than two years. Appeals are disposed of accordingly.