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Judgment
(Hybrid Mode)
25.05.2026 This Appeal has been filed challenging the order dated 20.03.2026 passed in I.A. No. 194 of 2023 which I.A. has been dismissed in view of the order passed in I.A. No. 121/JPR/2026. The Applicant is Erstwhile Resolution Professional, who had filed an I.A. No. 194/JPR/2023 for the payment of certain fee and expanses in the application, only Resolution Professional was impleaded.
The Adjudicating Authority in its order dated 08.12.2025 has noted that the Resolution Professional prays for time to implead CoC and Suspended Management. I.A. No. 121 of 2026 has filed by the Applicant to recall the order dated 08.12.2025 which has been allowed by the order dated 20.03.2026. The effect of the order allowing the I.A. No. 121/JPR/2026 is that in the I.A. No. 194 of 2023 neither the CoC nor the Suspended Management is the party.
Ld. Counsel for the Applicant submitted that the Applicant impleaded the Resolution Professional since the Applicant prayed for his fee from the Resolution Professional who was carrying out the CIRP. We are of the view that the Adjudicating Authority did not commit any error in rejecting the I.A. No. 194 of 2023 since, neither the Suspended Management nor the CoC was impleaded.
We are of the view that the order passed by the Adjudicating Authority cannot be faulted. Ld. Counsel for the Applicant sought liberty to file a fresh application before the Adjudicating Authority. We are of the view that applications having been rejected, it shall be open to the Applicant to take such remedy available in law. With these observations the Appeal is dismissed.
| [Justice Ashok Bhushan] Chairperson | |
| [Barun Mitra] Member (Technical) | |
| Abhishek/Manu |
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