AI Structured Summary
Not yet generated for this judgment
Judgment
I.A No.4003 OF 2023:- There is re-filing delay of 66 days. Learned Counsel for the Appellant submits that objections were sent twice and the time was taken for clearing the objections and re-filing the appeal. Cause shown sufficient. Delay in Re-filing is condoned. I.A No.4003 of 2023 is disposed of.
Company Appeal (AT) (Insolvency) No. 1171 of 2023
This Appeal has been filed against the order dated 03.05.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench-V, by which order the Adjudicating Authority has admitted Section 7 Application.
Learned Counsel for the Appellant submits that the Appellant has already filed an Intervention Application being IA No.33 of 2023 on 14.03.2023 which is still pending. Learned Counsel for the Appellant submits that he may be permitted to withdraw this Appeal to enable the Appellant to file an appropriate Application before the Adjudicating Authority for recall of the order.
Without expressing any opinion on the merits of the matter, we permit the Appellant to withdraw the Appeal to take appropriate steps.
Appeal is dismissed as withdrawn.