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Judgment
ORDER
23.12.2022: After arguing the matter for quite some time, Mr. Varinder Chhibbar, the Learned Counsel appearing for the ‘Appellant’, seeks ‘permission’ from this ‘Tribunal’, to withdraw the instant Comp. App. (AT) (CH) (Ins) No.432/2022. Acceding to his said request, the instant Comp. App. (AT) (CH) (Ins) No.432/2022 is ‘dismissed’ as ‘withdrawn’. No Costs. The connected IA/1095/2022 (Seeking ‘Exemption’) and IA/1096/2022 (For ‘Stay’) are Closed.
Before parting with the case, this ‘Tribunal’, makes it ‘crystalline clear’ that the ‘dismissal’, of the instant Comp. App. (AT) (CH) (Ins) No.432/2022, will not preclude the ‘Appellant’, to approach the ‘Adjudicating Authority’, (National Company Law Tribunal, Division Bench-II, Chennai), for seeking redressal of his ‘grievances’, by filing a necessary ‘Application’, pertaining to the ‘observations’ made by the ‘Adjudicating Authority’, (‘Tribunal’), (Vide Page 33C of the Appeal Paper Book – Diary No.1056 dated 25.11.2022) with a copy of the order made by the ‘Insolvency Bankruptcy Board of India’ (IBBI), for taking an ‘appropriate action’ against the ‘Resolution Professional’, and, if such an ‘Application’ is filed, the ‘Adjudicating Authority’, (‘Tribunal’), is to deal with the ‘same’, on ‘Merits’, in a fair, just and in dispassionate manner, ofcourse, uninfluenced and untrammelled with any of the ‘observations’, made by this ‘Tribunal’, in this ‘Appeal’.