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Tribunals and CommissionsDivision Bench(2022) 10 NCLAT CK 0025

Gaurav Katiyar, IRP of Value Infra Tech India Pvt. Ltd vs Sanjay Kumar Singh

National Company Law Appellate Tribunal · Decided on 14 October 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 826 Of 2022

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Judgment

10 paragraphs · 321 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the Order passed by the Adjudicating Authority on 23rd May, 2022. By which order, an Application I.A. -2287/2022 filed by the Home-Buyers for appointment of Interim Resolution Professional has  been  allowed  by  the  Adjudicating  Authority.  In  paragraph  4  of  the Impugned Order, the Adjudicating Authority has made following observations:

“4. It is also noticed that a Liquidation Order has been passed on 04.01.2021, the order still remains. The same has to be dealt with by the Liquidator in accordance with law.”

3.

While entertaining this Appeal on 05th August, 2022, following order was passed by this Appellate Tribunal:

“05.08.2022. The Appellant in this appeal has challenged the order dated 23.05.2022 passed by the Adjudicating Authority. This Appellate Tribunal has remitted the matter to the Adjudicating Authority vide judgment dated 29.11.2021 passed in Company Appeal(AT)(Insolvency) No. 112 of 2021. The intend of the Judgment, which is clearly mentioned in the direction given in paragraph-28, includes that the claims of various Financial Creditors have to be fixed. Constitution of Committee of Creditors was also quashed. The result would be that the liquidation order does not survive. The intendment of the order is clear although no express of words have been used.

Learned Counsel for the Appellant is permitted to implead Liquidator as Respondent. Amended Memo of Parties be filed impleading Liquidator by 08.08.2022. Let notice be issued to the Liquidator.

List the Appeal on 26th August, 2022.

Reply Affidavit, if any, be filed before the next date”

4.

Notices were issued to the Liquidator which has been served but no one has appeared on behalf of Liquidator today.

5.

We have already noticed in our Order dated 05th August, 2022 that vide Judgement dated 29.11.2021, the Liquidation Order does not survive. We thus delete paragraph 4 from the order of the Adjudicating Authority. The Appeal is disposed of, accordingly.