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Judgment
ORDER
17.10.2022: I.A. No. 3823 of 2022 :- This Application has been filed by the Applicant- ‘SREI Multiple Asset Investment Trust- Vision India Fund’ praying for following reliefs:
“1. RELIEFS SOUGHT:
It is prayed that the Hon’ble Tribunal be pleased to grant the following reliefs:
a. The order dated 2 September 2022 passed by this Hon'ble Appellate Tribunal be modified and / or set aside and / or recalled and the IDBI Appeal be disposed off afresh on merits;
b. Stay of operation of the Impugned Order dated 2 September 2022 till the disposal of the instant application;
c. An order and/or orders sending the Resolution Plan of the Applicant back to the Committee of Creditors for fresh consideration and/or negotiation considering and/ or taking into the aspects the order dated 2 September 2022 passed by this Hon'ble Appellate Tribunal in the Trademark Appeal being Company Appeal (AT) (Insolvency) No. 982 of 2019 wherein it has now been held that the brand names / trademarks are not the assets / properties of the Corporate Debtor;
d. Pass an order and/or orders directing the Resolution Professional and the Committee of Creditors of the Corporate Debtor to forthwith remit/refund Rs.64,53,00,000/- paid by the Applicant under the Resolution Plan to the Resolution Applicant;
e. Stay of implementation of the Resolution Plan by the Applicant and/or stay of all further proceedings pending before Hon'ble Adjudicating Authority and/or stay of all order/ orders passed by the Hon'ble Adjudicating Authority Post 2 September 2022 in respect of Corporate Debtor, namely Deccan Chronicles Holdings Limited, till disposal of this instant application;
f. Ad-interim orders in terms of prayers above;
g. Such further or other order or orders as your Lordships may deem fit and proper.”
Company Appeal (AT) (Ins.) No.553 of 2019 was filed by ‘IDBI Bank’ challenging the order passed by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench dated 09.05.2019 by which I.A. No. 24 of 2019 in Company Petition (IB) No.- 41/7/HDB/2017 was rejected. The Appeal by the IDBI Bank has been dismissed by the judgment of this Tribunal dated 02.09.2022. The Applicant who was Respondent No.2 in the Company Appeal (AT) (Ins.) No.553 of 2019 filed this Application.
When the Appeal was dismissed upholding the order passed on the Application filed by the Appellant- IDBI Bank, we fail to see that how the Respondent No.2 to the Appeal can file an Application praying for setting aside the judgment and other reliefs as quoted above. The prayers which have been made by the Applicant in the Application are very wide prayers which prays for setting aside, modification and recall of the judgment. The judgment having been delivered by this Tribunal after hearing the parties, we see no reason to entertain this Application. Application I.A. No. 3823 of 2022 is dismissed.