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Judgment
O R D E R
15.02.2024: I.A. No.554 of 2024: This is an application praying for condonation of 13 days’ delay in filing the appeal. An Additional Affidavit has been filed in support of the delay condonation application. It is submitted that the order was passed on 07.11.2023 and the Appellant had no access to the documents and records and time was taken in locating and retrieving the relevant information and documents from the old records due to which delay was caused. Cause shown sufficient, delay is condoned. I.A. No.554 of 2024 is disposed of.
Heard learned counsel for the Appellant as well as learned counsel appearing for the Successful Resolution Applicant. This Appeal has been filed against order dated 07.11.2023 passed by the Adjudicating Authority by which I.A. No. 2630/2023 filed by the erstwhile Resolution Professional praying for following reliefs has been rejected:
“(a)Allow the present Application by deleting the words, "The relief, which is not expressly granted above, shall not be construed as granted" in paragraph 9 of the Impugned Order;
(b)Allow the present application by appropriately clarifying/modifying paragraph 9 of the Impugned Order;
(c)Any other or such other reliefs as this Hon'ble Tribunal may deem fit and proper in the interest of justice.”
The Adjudicating Authority after hearing the application came to the conclusion that in exercise of Rule 154, the Adjudicating Authority is not entitled to delete words, as was prayed in the application.
We are of the view that no error has been committed by the Adjudicating Authority in rejecting the application.
Learned counsel for the Appellant lastly submitted that the order approving the Resolution Plan may not be treated as disentitling the Successful Resolution Applicant for approaching relevant statutory authority for such relief as may be advised.
The order approving the Resolution Plan itself contemplate that it shall be open for the Successful Resolution Applicant to approach the competent authority for necessary approval which relief and concession is not granted in the Resolution Plan. Subject to above observation we dismiss the appeal.