Tribunals and CommissionsDivision Bench(2023) 12 NCLAT CK 0043

Sandeep Anand vs Gopal Lal Baser

National Company Law Appellate Tribunal · Decided on 20 December 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Arun Baroka, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Ins.) No. 1149 Of 2023

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Judgment

6 paragraphs · 223 words
1.

These two appeals have been filed against the order dated 17.07.2023 passed in I.A. No. 3652 of 2023. This application was filed by the Resolution Professional who was suspended by the IBBI by order dated 26.05.2022 seeking certain clarification. Adjudicating Authority by the order permitted the Resolution Professional to approach the CoC seeking their direction with respect to further course of action.

2.

The appellant contention is that the Resolution Professional who was suspended could not have continued any further and there was no occasion for Adjudicating Authority to ask the Resolution Professional to approach the CoC again.

3.

Today when the case was taken the Resolution Professional Mr. Gopal Lal Baser has appeared in person and made a statement that in view of the litigation and the matter is pending from 2019 he does not want to continue any further as Resolution Professional.

4.

In view of the aforesaid statement that Resolution Professional shall not continue any further, we record the statement under the order impugned, thus, no further action are required to be taken.

5.

In view of recording the said statement, we close this appeal, however, since there is no Resolution Professional in the process Adjudicating Authority shall take appropriate steps for appointment of Resolution Professional for continuing the CIRP in accordance with law.

6.

Appeals are disposed of.