Tribunals and CommissionsDivision Bench(2021) 10 NCLAT CK 0027

Kotak Mahindra Bank Ltd vs Mr. Narender Kumar Sharma Resolution Professional Indirapuram Habitat Centre Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 27 October 2021

HON’BLE JUDGES
Jarat Kumar Jain, Member (J) · Dr. Alok Srivastava, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Ins) No. 857 of 2021

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Judgment

6 paragraphs · 170 words

Heard Ld. Senior Counsel for the Appellant. He submits that the Appellant has filed application I.A. No. 1758 of 2021 in April, 2021 which is pending before the Adjudicating Authority. Its decision goes to the root of the matter. The application has not been decided as yet. Therefore, the Adjudicating Authority may be directed to decide this application at the earliest.

Ld. Counsel appearing on behalf of the Respondent RP submits that the Appellant does not come within the definition of aggrieved person as no effective order has been passed by the Adjudicating Authority. The impugned order is "List on 02.11.2021".

We have considered the submissions.

We are agree with the Ld. Counsel for the Respondent that the Appellant does not come within the purview of aggrieved person therefore, the Appeal under Section 61(1) of IBC is not maintainable. However, we request the Ld.

Adjudicating Authority to decide the application I.A. No. 1758 of 2021 within three weeks which is pending since April, 2021.

Thus, the Appeal is disposed of.