Tribunals and CommissionsDivision Bench(2021) 09 NCLAT CK 0092

Jayanti Lal Jain Liquidator of K.K Welding Ltd Vs

National Company Law Appellate Tribunal · Decided on 27 September 2021

HON’BLE JUDGES
Jarat Kumar Jain, Member (J) · Dr. Alok Srivastava, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Ins) No. 764 of 2021

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Judgment

4 paragraphs · 245 words

This Appeal is against the order dated 05.04.2021 in I.A 1514 of 2020, I.A. No. 1517 of 2020, I.A. No. 1586 of 2020 and I.A No. 637 of 2021 in CP (IB) 1523/MB/2019. Whereby Ld. Adjudicating Authority adjourned the matter due to paucity of time for consideration on Applications on 22.06.2021.

2.

Ld. Counsel for the Appellant representing Liquidator of K.K Welding Ltd. submits that RP has filed an Application I.A. No. 1514 of 2020 seeking necessary direction against the Union Bank of India who is one of the Financial Creditor and Member of CoC for releasing liquid asset which comprises of fixed deposit and mutual funds' investments of the Corporate Debtor. The Application is pending for more than a year, however, the Ld. Adjudicating Authority has not decided the Application. Therefore, it is prayed that the Ld. Adjudicating Authority may be directed to decide the Application expeditiously.

3.

We have considered the submissions, in the impugned order no adverse order passed against the Appellant, therefore, the Appellant is not aggrieved person. Hence, the Appeal is not maintainable under Section 61 of the IBC. Thus, the Appeal is dismissed as not maintainable. However, we request the Ld. Adjudicating Authority to make all endeavor to decide the Application I.A 1514 of 2020 in CP (IB) 1523/MB/2019 which is pending since 15.06.2020 within three weeks from today.

4.

The Registry is directed to send the copy of this order for compliance to the concerned Adjudicating Authority forthwith.