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Judgment
Heard learned counsel for the parties. This Appeal has been filed against the order dated 12.09.2023 passed by the Adjudicating Authority disposing of CA No.891 of 2019 and CA No.253 of 2019.
In CA No.253 of 2019 prayer was made to pass an interim order. The Adjudicating Authority has already passed an interim order in Para 29, hence, the disposal of CA No.253 of 2019 cannot be faulted with.
Both the counsel submits that CA No.891 of 2019 was an application filed by the Resolution Professional under Section 43-45 whose prayers have been quoted in Para 6 of the order.
Perusal of the impugned order indicate that the Adjudicating Authority although has made certain observations in Para 26 but no final decision has been taken in CA No.891 of 2019. The Adjudicating Authority has already called for report from the Court Commissioner, as indicated in Para 26 of the order. The report is yet to be submitted. CA No.891 of 2019 cannot be held to be disposed of, hence, order in Para 29 is modified to the extent that CA No.891 of 2019 is not held to be disposed of and shall be treated to be pending for further adjudication after receipt of the report of the Court Commissioner.
Appeal is disposed of with observations as above.