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Judgment
O R D E R
18.01.2024 Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 11.10.2023 by which order I.A. No.3722/2021 in CP(IB) No.2130(ND)/2019, by the Adjudicating Authority (National Company Law Tribunal, New Delhi), has been dismissed.
The Order passed in I.A. No.3722/2021 is as follows:
“I.A.-3722/2021: This application has been filed by the Resolution Professional under Section 19(2) of the IBC, 2016 seeking a direction to the Respondents to provide the requisite co-operation and assistance to the Applicant and also to provide all necessary documents records and information as mentioned in the present application.
It may be noted that the CoC has already approved the Resolution Plan and an application seeking approval of the Resolution Plan is pending before this Adjudicating Authority. We therefore, do not see any reason to keep this application pending.
At this stage, Ld. Counsel appearing for the RP has submitted that he required certain directions to carry out the forensic audit. He is directed to file a fresh application seeking necessary directions.
The prayer in the present application does not survive and is therefore dismissed.”
The application was filed by the Appellant in which application, following prayers were made (Copy of Application has been provided by the Counsel for the Appellant for the perusal of the court):
“(i)Direct the respondents herein to provide the requisite cooperation and assistance to the Applicant and further to provide all the documents, records and information as detailed under the present application;
(ii)Direct the Respondents herein to cooperate/assist the Applicant in the ongoing CIRP of the corporate debtor, and further to provide documents/records, as and when required by the Applicant;
(iii)pass such or further Orders as this Hon’ble Court deems fit in the facts and circumstances of this case and thus render justice.”
The Adjudicating Authority noticing the submission of the Counsel appearing for the RP that forensic audit has to be carried out for which certain directions are required, permitted the RP to file a fresh application seeking necessary directions. When the liberty was granted to the RP to file a fresh application, it is open for the RP to file fresh application and seek necessary directions.
We thus, are of the view that there is no issue in the appeal to be decided and the appeal need not be entertained. Liberty has already been granted to RP to file a fresh application and pray for necessary direction with regard to carry out the forensic audit. It will be open for the Adjudicating Authority to pass all consequential orders in the said application as may be deemed fit and proper. With these observation, this Appeal is disposed of.