Tribunals and CommissionsDivision Bench(2022) 09 NCLAT CK 0042

Gluckrich Capital Pvt. Ltd. vs Sapan Mohan Garg Resolution Professional Leading Hotels Ltd

National Company Law Appellate Tribunal · Decided on 13 September 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1073 Of 2022

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Judgment

5 paragraphs · 203 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the Order dated 11th  July, 2022 passed by the National Company Law Tribunal, New Delhi, Principal Bench. By which Order, the Adjudicating Authority has dismissed I.A.-779/2022 filed by the Yes Bank Pvt. Ltd. consequently the Interim Order dated 01.04.2022 also came to an end. The Appellant aggrieved by the said Order, has come up in this Appeal.

3.

Learned Counsel for the Appellant contends that the assets of the Corporate Debtor were the only property and in view of the vacation of the Interim Order, prejudice will be caused to the Appellant.

4.

We have considered the submissions of the Appellant and have perused the record.

5.

The Interim Order dated 01st April, 2022 was passed on an I.A. filed by the Yes Bank being I.A. No. 779/2022 which having been dismissed by the Impugned Order, Appellant can not be said to be aggrieved by the dismissal of the Application since it was not the Applicant’s application which got dismissed. Appellant in no manner was party to the said application hence we see no reason to entertain the Appeal at the instance of the Appellant. The Appeal is dismissed.