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Judgment
O R D E R
Heard learned counsel for the Appellant and learned counsel appearing for the Respondent. This Appeal has been filed against order dated 01.12.2021 passed the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench – IV in I.A. No. 5557/2021 in CP(IB) No. 2115/(ND)/2019. The Adjudicating Authority by impugned direction has granted two weeks’ time to the Respondent to the Application to file their Reply and thereafter the matter was posted to 22.12.2021. Learned counsel informed that now the next date fixed is 18.02.2022.
In view of the fact that by the impugned order nothing has been decided by the Adjudicating Authority and only time has been granted to the Respondent to file Reply, we seen no reason to entertain this Appeal.
Learned counsel for the Appellant submits that since Resolution Plan is already pending consideration before the Adjudicating Authority his Application need to be decided alongwith the consideration of that application for approval plan as in event plan is approved without considering his Application, his Application shall become infructuous.
In view of the above, we only observe that Application No. 5557/2021 may be considered by the Adjudicating Authority on the next date fixed or as early as possible but before deciding the Application for approval of the Resolution Plan. With these observations Appeal is disposed of.