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Judgment
Heard Learned Counsel for the parties.
This Appeal has been filed against the order dated 16.09.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, by which order the Adjudicating Authority has directed that rest of the Applications shall be tagged along on 01.11.2022. This Appeal has been filed by the Liquidator.
Learned Counsel for the Appellant has referred to the order of the Hon’ble Supreme Court dated 02.02.2022 in Civil Appeal No. 829 of 2021 whereas the Hon’ble Supreme Court has directed the NCLT to decide the Application (avoidance application) on its merits in accordance with law.
The grievance which has been raised by the Appellant is that although several dates were fixed in the matter but the Applications are still pending.
Learned Counsel for the Respondents submits that Application was heard in part by earlier two compositions but could not be decided because of the change of the composition.
Be that as it may, 1st November, 2022 being already date fixed in the Application, we see no reason to entertain this Appeal. However, looking to the order of the Hon’ble Supreme Court, the Adjudicating Authority shall endeavor to dispose of the Application I.A. No. 744 of 2020 (avoidance application) also on the date fixed or as early as possible. The Appeal is dismissed.