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Judgment
This Appeal has been filed against order dated 04.03.2024 by which order the Adjudicating Authority has disposed of I.A. No.89 of 2024. The order passed on 04.03.2024 is as follows:
“ORDER
IA 89/2024 in C.P. (IB)/571(MB)2019
1) Mr. Kunal Kanungo, Ld. Counsel for the Applicant and Mr. Bhaskar Shetty, Liquidator of the Corporate Debtor are present.
2) The present Interlocutory Application has been filed by the Applicant seeking necessary directions against the Liquidator of the Corporate Debtor thereby seeking peaceful possession of the Property.
3) However, Counsel for the Applicant submits that possession has been handed over by the Liquidator; accordingly, nothing remains to be adjudicated in the present matter.
4) In that view of the matter, the present Interlocutory Application bearing IA No. 89 of 2024, is disposed of as allowed to be withdrawn as not pressed.
5) However, Liquidator is directed to determine the Liquidation cost attributable to Security Interest and inform the Security Interest Holder. The Security Interest Holder shall pay the such cost within 30 days after verification of working submitted by the Liquidator.”
The application which was filed for taking possession of the assets has been dismissed as infructuous since assets was handed over by the Liquidator.
Learned counsel for the Appellant challenging the order submits Appellant has the second charge on the assets and he has already filed I.A.No.31 of 2024, which is pending.
We do not find any fault in the order which is sought to be challenged since the application has been dismissed as infructuous.
Insofar as the application which has already been filed by the Appellant and is pending before the Adjudicating Authority, it is always open for the Appellant to raise appropriate objection before the Adjudicating Authority and take such pleas as available to him. With these observations, we dismiss the appeal.