Tribunals and CommissionsFull Bench(2023) 10 NCLAT CK 3424

Sangeeta Agarwal vs Stressed Assets Stabilization Fund & Anr.

National Company Law Appellate Tribunal, New Delhi · Decided on 9 October 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical) · Arun Baroka, Member (Technical)
CASE NUMBER
Company Appeal (AT) (Insolvency) No.778 of 2023

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Judgment

9 paragraphs · 293 words

O R D E R

09.10.2023: Heard Learned Counsel for the parties.

2.

This Appeal has been filed against the Order dated 6th May, 2023 by which Order the Adjudicating Authority on an application filed under Section 95 of the Code, 2016 has appointed the Resolution Professional.

3.

In this Appeal, this Tribunal has passed an Interim Order on 12th June, 2023.

4.

Learned Counsel for the Appellant submits that the Copy of the Application which was sent to the Appellant was not legible copy hence the Appellant could not know what are the contents of the Application.

5.

Learned Counsel for the Resolution Professional submits that in pursuance of the Order of the Adjudicating Authority within 10 days the Report was submitted. He also submits that the copy of the Report was sent to the Appellant.

6.

Learned Counsel for the Financial Creditor submits that copy of the application was already on e-portal and has already been sent by email to the Appellant however Learned Counsel for the Financial Creditor submits that physical copy of the Application as well as soft-copy through email shall be sent to the Appellant. Learned Counsel for the Appellant may provide the email address during the course of the day to the Learned Counsel for the Respondent.

7.

The said service shall be effected within one week from today. RP may submit the Report again to the Appellant within one week. Appellant may file his objection to the Report and objection to the Report within two weeks thereafter the Adjudicating Authority shall fix the date after four weeks for considering the application for passing order for admission or rejection of the application in accordance with law under Section 100.

With these observations, the Appeal is disposed of.