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Judgment
These two Appeals have been filed by the Resolution Professional of Personal Guarantor of Hi-Tech Grain Processing Pvt. Ltd. challenging order dated 21.08.2023 by which the Adjudicating Authority has adjourned the Section 95 application to 11.09.2023.
Learned counsel for the Appellant submits that next date has been fixed for 05.12.2023. It is submitted that the Adjudicating Authority has adjourned the proceeding on the ground Section 95 and related provision are pending consideration before the Hon’ble Supreme Court. Learned counsel for the Appellant submits that there is no interim order passed by the Hon’ble Supreme Court with regard to the proceedings in question and in the present matter admission order has already been passed on 17.08.2022 and the Report of the Resolution Professional has already been submitted.
We are of the view that the Adjudicating Authority may require the Personal Guarantor to show any interim order passed by the Hon’ble Supreme Court staying the proceeding so that the matter need to be deferred. The matter has already been fixed for 05.12.2023. We see no reason to entertain this Appeal, however, we observe that the Adjudicating Authority shall consider to proceed further in the matter in event the Personal Guarantor is unable to produce any interim order passed by the Hon’ble Supreme Court with regard to proceedings in question. Both the Appeals are disposed of accordingly.