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Judgment
09.05.2025: This Appeal has been filed against the order dated 19.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Division Bench, Court No.II, Kolkata in IA No.1527 of 2023 by which Resolution Plan has been approved. The Appellant’s contention was that IA No.1611/KB/2023 was filed by the Appellant for accepting his claim in the CIRP which application remained pending and the Resolution Plan had been approved without decision of the said application. When this Appeal came for consideration on 14.03.2024, we passed following order:-
“14.03.2024: Learned Counsel for the Respondents pointed out that I.A. No. 1611 of 2023 filed on behalf of the Appellant is pending before the Adjudicating Authority and is listed on 05th April, 2024. It is submitted by Respondents that this Appeal may be heard after the decision in the said I.A.
2.In view of the aforesaid, we adjourn the appeal to 16th April, 2024. We make it clear that pendency of this Appeal may not preclude the Adjudicating Authority to proceed and dispose of the Applications.”
Subsequently, on 25.07.2024, it was again noted that IA No.1611/KB/2023 filed by the Appellant for accepting his claim in the CIRP is still pending.
When the Appeal is taken up today, copy of the order passed by the Adjudicating Authority dated 02.01.2025 has been placed before us by which order IA No.444 of 2023, IA No.1611 of 2023 and IA No.418 of 2024 have been rejected.
Counsel for the Appellant further submits that against the order dated 02.01.2025, an appeal has been filed being Company Appeal (AT) (Insolvency) No.727 of 2025. The order rejecting the application by the Appellant where Appellant has sought acceptance of their claims having been rejected on 25.01.2025 and Appeal being filed and pending, the issue regarding the claim of the Appellant cannot be gone into and decided in the present Appeal. It is open for the Appellant to take appropriate recourse and make appropriate submission in the pending Company Appeal (AT) (Insolvency) No.727 of 2025.
With the above observations, Appeal is dismissed.