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Judgment
Heard Ld. Counsel for the Appellant. She submits that the Appellant has filed an Application before the Adjudicating Authority on 19.07.2021 for direction to the Resolution Professional (RP) to bring agenda of removal/replacement of RP before the Committee of Creditors (COC) for voting. After lapsed of more than a month the Application has not been decided by the Adjudicating Authority and vide order dated 11.08.2021 the matter is listed for hearing on 22.09.2021. The Appellant (CoC) is an allottee and a Financial Creditor of the Corporate Debtor and facing difficulty. Therefore, it is prayed that the Appeal may be allowed and the Respondent No. 1 (RP) may be directed to bring an agenda for removal/replacement of RP before the CoC for voting.
Before us the order dated 11.08.2021 is impugned. The one-line order is that "List the matter for hearing on 22.09.2021"
Ld. Counsel for the Appellant unable to convince us how the Appellant is aggrieved with this order. It is admitted fact that the Appellant has filed the Application before the Adjudicating Authority on 19.07.2021 seeking relief for removal/replacement of RP, which is pending.
We are of the opinion that this Appeal is not maintainable, as no adverse order is passed against the Appellant, therefore, the Appellant is not aggrieved person, only the aggrieved person can file the Appeal under Section 61 of the IBC.
Thus, the Appeal is dismissed as not maintainable, however, we request the Adjudicating Authority to decide the aforesaid Application filed by the Appellant at the earliest.
Registry is directed to send the copy of this order to concern Adjudicating Authority forthwith.