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Judgment
Vijay Kumar Shukla, J
The present petition is filed review of the order dated 13.06.2023 passed in W.P. No. 12657/2023 filed by respondent No. 1
2) The respondent No. 1 challenged the order dated 03.06.2023 issued by Chief Judicial Magistrate, Indore directing the respondent No. 1 to vacate and handover the subject properties within a period of seven days in compliance to the order passed by National Company Law Tribunal (NCLT), Indore. The said petition was disposed off considering the submission of the counsel for the petitioner/respondent No. 1 that NCLAT which is appellate Authority under the Companies Act is not functioning up to 02.07.2023 and, therefore, this Court disposed off the petition with liberty to the petitioner to avail the statutory remedy of appeal against the order of NCLT in accordance with the law. Considering the statement that NCLAT is not functioning till 02.07.2023, an interim protection of status quo was granted in respect of the possession of the subject properties till 02.07.2023.
3) The present review petition is filed through liquidator contending that it was wrongly stated before this Court that NCLAT was not functioning during vacation from 05.06.2023 to 02.07.2023. There were vacation sittings and this fact was not brought to the notice of the Court. It is further submitted that after the order passed by this Court, the respondent No. 1/petitioner has filed appeal before NCLAT on 21.06.2023 and in the application, he has projected as if this Court has condoned the delay and granted stay order. It is further urged that as the provisions of Sub-Section 2 of Section 61 of Insolvency and Bankruptcy Code, 2016, the limitation cannot be condoned beyond 45 days, the petition was filed after expiration of 45 days of limitation.
4) After hearing learned counsel for the parties and upon perusal of the order, it is manifest that this Court granted interim protection to the respondent No.1/petitioner considering the fact that the NCLAT was not working up to 02.07.2023. Since the respondent No. 1/petitioner has already filed appeal before NCLAT, on 21.06.2023 the interim protection granted by this Court by order dated 13.06.2023 comes to an end.
5) It is made clear that this Court has not considered the case of the respondent No. 1/ petitioner on merit and the Appellate Authority shall decide the objection regarding limitation and application for stay in accordance with the law without being influenced by order dated 13.06.2023 passed by this Court.
6) With the aforesaid clarification, the review petition is disposed off. CC as per rules.