Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 0012

Rahul Suri vs Nitin Om Kothari & Anr

National Company Law Appellate Tribunal · Decided on 13 March 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT)(Insolvency) No. 250 Of 2023

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Judgment

5 paragraphs · 172 words

Heard learned Counsel for both the parties.

This appeal has been filed against the order dated 10.01.2023 by which the Adjudicating Authority (National Company Law Tribunal, Mumbai) has taken report submitted by Resolution Professional on record. By an order dated 10.10.2022, Resolution Professional was appointed by the Adjudicating Authority on an application filed under Section 95 of IBC. The Tribunal has fixed 28th February, 2023 for further consideration.

We are of the view that no ground has been made to entertain the appeal against the order dated 10.01.2023 by which only report has been taken on record. It is always open for the Appellant to raise any objection against the Report when the matter is considered under Section 100 IBC by Adjudicating Authority for admission or rejection of the application.

Learned Counsel for the Appellant submits that the Appellant has not filed any objection to the Report. The learned Counsel for the Appellant is permitted to file Reply to the Report within two weeks.

With these observations, we dispose of the appeal.