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Judgment
This Appeal has been filed against order dated 14.02.2023 passed in I.A. No. 5981/ND/2022 filed by the Shareholder and Former Director of the Corporate Debtor. In Para 6 of the order following has been directed by the Adjudicating Authority:
“6. We are of the considered view that there are no provisions in the code in which the Shareholders can ask for such documents from Resolution Professional. However, in the interest of justice and fair play, we direct the Resolution Professional to file an additional affidavit stating the claims admitted by the Resolution Professional with all the supporting documents and calculations within 7 days from the date of pronouncement of this order in the main Company Petition.”
Learned counsel for the Appellant submits that the Resolution Professional has no objection in filing the affidavit as directed by the Adjudicating Authority, however, his grievance is that the copy of said affidavit be not given to the applicants.
We are of the view that it is open for the Appellant to file an appropriate application alongwith affidavit seeking appropriate direction from the Adjudicating Authority and it is for the Adjudicating Authority to consider the said prayers and pass appropriate order. With liberty aforesaid, the Appeal is dismissed.