Tribunals and CommissionsFull Bench(2022) 12 NCLAT CK 0061

Ishrat Ali vs Cosmos Cooperative Bank Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 15 December 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Kanthi Narahari, Member (T) · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.1509 Of 2022

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Judgment

4 paragraphs · 252 words
1.

This Appeal has been filed against the order passed by the Adjudicating Authority on 02.11.2022 in I.A. No. 2046 of 2022. I.A. No. 2046 of 2022 was filed by the Resolution Professional praying for liquidation of the Corporate Debtor, which application came for hearing on 02.11.2022. The Adjudicating Authority on the said application directed the matter to be listed on 14.11.2022 with liberty to the Corporate Debtor either to get stay or transfer order from the Principal Bench NCLT failing which the liquidation application would be disposed of on merits.

2.

Learned counsel for the Appellant submits that the Appellant’s several application are pending before the Adjudicating Authority and without deciding those application the Adjudicating Authority has proceeded to decide the liquidation application.

3.

We have noticed from the fact of the case that earlier also the Suspended Director of the Corporate Debtor – the Appellant had challenged initiation of CIRP and have filed various application which were rejected by the Adjudicating Authority. Appeal to this Tribunal was also filed which was dismissed and against which, it is submitted by learned counsel for the Appellant, a Civil Appeal is pending before the Hon’ble Supreme Court.

4.

Be that as it may. The liquidation application has already been filed and the Adjudicating Authority has to decide the said application. We do not find any error in the order of the Adjudicating Authority directing for listing of the matter on 14.11.2022.  No grounds have been made to entertain the Appeal. Appeal is dismissed.