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Judgment
ORDER
Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial):
The instant Company Appeal, being Company Appeal (AT) (CH) (INS) No. 77 / 2026, has been preferred at the behest of the Appellant, who happens to be the Resolution Professional (RP) of the Corporate Debtor M/s. Vivin Drugs & Pharmaceuticals Limited.
As a matter of fact, the Impugned Order, which is presently the subject matter of challenge in the instant Appeal, was rendered in IA (IBC) / 1952 / 2025 in CP (IB) / 87 / 9 / HDB / 2024, preferred by the RP, Appellant herein. In the said Application, he had prayed for the following reliefs, which had been summarily dealt with by the Ld. Tribunal in the Impugned Order.
``INTERIM PRAYER:
Pending the final disposal of the above Application, it is respectfully prayed that this Hon'ble Tribunal may be pleased to permit the Applicant to keep the process of issuance of list of eligible prospective resolution applicants, information memorandum and request for Resolution Plans (RFRP) in abeyance and pass such other orders as this Hon'ble Tribunal may deem appropriate in the circumstances.
PRAYER:
I) Pass necessary directions to include the land of the Respondent / Corporate Guarantor, admeasuring 8 acres out of which 5 acres is situated in Survey No. 10 / B situated at Gaddapotharam Village, Jinnaram Mandal, Medak District and 3 acres situated in Survey No.10, situated at Gaddapotharam Village, Jinnaram Mandal, Medak District, in the Information Memorandum of the Corporate Debtor as the asset of Corporate Debtor for the purpose of inviting feasible and viable resolution plans in the interests of CIRP of the Corporate Debtor.
II) Pass such other order/relief(s) as this Hon’ble Adjudicating Authority may deem fit and proper in the interest of justice, equity and good conscience.’’
The Ld. Tribunal after considering the relief sought in the said Interlocutory Application, has issued a direction that, the RP himself has to decide whether to include the land of Corporate Guarantor as described above in the Information Memorandum of the Corporate Debtor and that he has to decide on the same as per law.
Thus, by the Impugned Order, the Resolution Professional has been directed to take a decision as per law. It is surprising to see that, the RP instead of deciding on the issue, has chosen to file the instant Company Appeal as against the Impugned Order. Since the direction issued to him was only for taking a decision, and not in the nature of deciding on any rights, we do not see any grounds for the RP to have filed this Appeal.
Hence, we do not find any logic to interfere in the instant Company Appeal (AT) (CH) (INS) No. 77 / 2026 and the same is accordingly dismissed.