Gokul Aggarwal vs State Bank of India & Anr

I.A. Nos. 2558 & 2597/2024

These are applications praying for condonation of 7 days delay in filing the Appeal.

It  is  submitted  that  Appellants  were  not  well  and  had  undergone surgery.

Cause shown sufficient. Delay is condoned.

Comp. App. (AT) (Ins.) Nos. 713 & 722 of 2024

These two Appeals have been filed against the Order dated 15.02.2024 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court – II), by which the Resolution Professional has been appointed in an application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016, (for short ‘the Code’) by the State Bank of India.

Learned Counsel for the Appellant submits that by an earlier Order passed dated 09.01.2024 on a request of the Financial Creditor, the matter was adjourned to 15.02.2024 to enable the Financial Creditor to take steps to transfer the case to Bench-V.

It is submitted that no steps were taken in the meantime.

Be that as it may, the order impugned is only appointment of the Resolution Professional in Section 95 of the Code. All adjudicatory issues have to be raised at the time of hearing of the application under Section 100 of the Code.

We, thus are of the view that no grounds have been made out to entertain the Appeals at this stage.

Learned Counsel for the Appellant submits that due to Appellant being ill they could not file the Reply to the Resolution Professional within time allowed. It is submitted that next date fixed in the matter is 09.05.2024 before the Adjudicating Authority.

Let  Appellant  submit  Reply  within  two  weeks  from  today  to  the Resolution Professional.

The Appeals are dismissed subject to the aforesaid.