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Judgment
Heard Learned Counsel for the Appellant as well as Counsel for the Respondent.
This Appeal by the Appellant who is Aircraft Lessor has been filed challenging the order of the Adjudicating Authority (National Company Law Tribunal) New Delhi, Court-V dated 26.07.2023 passed in IA No.2944 of 2023.
Learned Counsel for the Respondent at the very outset submitted that against the same order passed by the Adjudicating Authority, Company Appeal
(AT) (Ins.) No. 1088 of 2023 was filed by ‘Engine Lease Finance B.V’ who was the engine lessor which Appeal has already been disposed of by this Tribunal on 18.08.2023 making various observations in paragraphs 10, 11, 12, 13 & 14:
“10. It is submitted that the observations made in the impugned judgment are only at prima facie stage and cannot be treated as final expression of opinion by the Adjudicating Authority which is yet to be considered and decided.
After having considered the submissions of the Counsel for the parties and perusing the record, we are of the view that the order of the Adjudicating Authority insofar as it refuses inspection to the Appellant need not be approved.
Learned Counsel for the Resolution Professional submits that in view of the orders passed by the Delhi High Court, the inspection shall be allowed and date for carrying the inspection shall be intimated to the Appellant as early as possible.
We are of the view that inspection be permitted within 10 days from today. As observed above, the observations made in the impugned order being at prima facie stage need not be treated as final expression of opinion by the Adjudicating Authority and all contention of both the parties are left open.
We have no doubt that looking to the nature of the Application, the Adjudicating Authority shall endeavor to dispose of the Application as early as possible.”
We are of the view that this Appeal is fully covered by the aforesaid judgment. This Appeal is also disposed of in terms of the order dated 18.08.2023.