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12.02.2025 I.A. No.739 of 2025 This is an Application praying for condonation of 15 days delay in filing the Appeal. Learned Counsel for the respondent submits that in fact the appeal was filed on 46th day, when we look into the application, the order impugned was passed on 29.11.2024 and 30 days period was expiring on 29.12.2024. The appeal having been filed on 13.01.2025 it is on 45th day. Thus, the Appeal was filed within condonable period. Sufficient cause has been shown in paragraph 7 of the Application. Delay condoned.
This Appeal has been filed by the Resolution Professional challenging the order dated 29.11.2024 passed by Adjudicating Authority in I.A. No. 5533 of 2024 in CP (IB) No. 27l/MB/2021. I.A. was filed by the Successful Resolution Professional Applicant seeking various reliefs.
Learned Counsel for the Applicant submits that although the Counsel for the Appellant was present, however, the observations have been made in the order whereas the Applicant was not asked to make any submissions.
It is further submitted by the Appellant that adverse observations have been made by the Adjudicating Authority without giving an opportunity to respond.
We have heard Learned Counsel for the Parties and perused the record.
In the order dated 29.11.2024 passed in I.A. No. 5533 of 2024 filed by the Successful Resolution Applicant, Adjudicating Authority itself in paragraph 12 has directed the applicant to serve notice on all the respondents and further directed the respondents to file their replies and the application has been adjourned for 05.01.2025 for further consideration. The Application I.A. No. 5533 of 2024 is still pending consideration before the Adjudicating Authority.
We have looked into the observations made in the impugned order, the said observation at best can be treated, prima facie observation but cannot be held to any adverse final finding recorded against the Appellant.
At this stage, when the Application is still pending and appellant has opportunity to file its reply, we see no reason to entertain this Appeal. We however, observe that observations made in the order will not be treated any adverse finding at this stage.
We further are of the view that action as directed in paragraph 14 of the order be taken only after final decision on I.A. No. 5533 of 2024.
With these observations, Appeal is disposed of.