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Judgment
Heard Shri Ramji Srinivasan, Learned Senior Counsel for the Appellant and Ms. Sanjana Saddy, Learned Counsel for the Respondent.
This Appeal has been filed against the order dated 16.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV, by which order, following direction was issued:-
“1. Mr. Bhushan Shah a/w Mr. Akash Jain and Mr. Rishab Jain i/b Mansukhlal Hiralal and Co., Ld. Cousnel for the Operational Creditor present. Mr. Omkar Deosthale, Ld. Authorized Representative on behalf of the Corporate Debtor present.
Counsel for the Operational Creditor submits that the matter has already amicably settled between both the parties whereby the amount of Rs. 13,50,000 Singapore dollar (approximately Rs. 17.07 Crore), which is to be paid by the Corporate Debtor to Operational Creditor by 31.03.2022 subject to approval of Reserve Bank of India (RBI).
In case the RBI approval is not received by 31.03.2022, it will be obligatory on the part of the Corporate Debtor to deposit this amount in Indian rupee with the Registry of NCLT which can be taken back on receipt of RBI approval for onwards submissions to Operational Creditor.
List the matter for further consideration on 25.04.2022.”
The Appellant is aggrieved by the direction in paragraph 3. We are of the view that the order being interlocutory in nature and the matter having been fixed for 25.04.2022. It is open for the Appellant to make such prayer including the modification of the order as he may be advised. At this stage, we are not inclined to entertain this Appeal. However, the Appellant shall be at liberty to pray before the Adjudicating Authority for any further order or modification of the order as prayed by the Counsel for the Appellant.
With these aforesaid observations, the Appeal is disposed of.