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Judgment
ORDER
There is no representation on the side of the Appellant at the time of calling of the matter at 4.30pm today. i.e. 08.03.2022. However, there is representation on the side of the Resolution Professional Mr. Bijoy Prabhakaran Pulipra in person on virtual mode. It is represented on behalf of the ‘Resolution Professional’ that the ‘Resolution Plan’ was approved on 23.02.2021 by the ‘Adjudicating Authority’ (National Company Law Appellate Tribunal, Kochi Bench) and on 23.07.2021 the said Resolution Plan came to be implemented.
Although the ‘Adjudicating Authority’ (NCLT, Kochi Bench) in MA/177/KOB/2020 in TIBA/11/KOB/2019 on 14.12.2020 passed the order at paragraph-15 to the effect that “Since the Resolution Professional (R.P) had already received Resolution Plan from the prospective Resolution Applicant and the same is under consideration of the Committee of Creditors; the applicant is directed to submit all the documents requested for by the Resolution Professional through his letter dated 02.11.2020, without fall, in any case within two weeks from today. If the applicant produces the documents sought for by the R.P within two weeks, the R.P is directed to explore all possibilities to settle the clalm of the applicant and give a reply to the applicant before finalisation of the Resolution Plan.” With the above directions, MA177/KOB/2020 In TIBA/11/KOB/2019 Is 16. disposed of.”
It transpires from the letter dated 29.12.2020 of the Resolution Professional Mr. Bijoy Prabhakaran Pulipra that the Resolution Applicant had expressly mentioned in the ‘Resolution Plan’ that any …… creditors ……. Resolution Applicant and further resolution plan was not in a position to consider the submission as the same would be highly detrimental to the entire process.
The Resolution Professional Mr. Bijoy Prabhakaran Pulipra (appearing in person) informs this Tribunal that all the documents were not produced and whatever documents produced by the ‘Appellant’ they were not good enough to substantiate the claim.
Therefore, considering the fact that the Resolution Plan was approved by the ‘Adjudicating Authority’ on 23.02.2021 and also the same got implemented on 23.07.2021 and also this ‘Tribunal’ taking note yet another primordial fact that there is no representation on the side of the ‘Appellant’ at the time of calling of the instant ‘Appeal’ filed by him, before this Tribunal, this ‘Tribunal’ is left with no other option but to dismiss the instant Company Appeal (AT) (CH) (INS) No. 308 of 2021 for want of diligent prosecution. No costs. I.A. No.647 of 2021 (For Stay) and I.A.No.648 (F condone Delay) are closed.