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Judgment
27.01.2025: Learned Counsel for the Appellant submits that the CIRP of the Corporate Debtor has been completed by approval of the Resolution Plan and the Plan has already been implemented.
The I.A. No. 598/KB/2024 has been filed by the SRA in which Adjudicating Authority has directed to provide certain documents by the Appellant, whereas, the Application itself was not maintainable. Plan having been already implemented and the prayers in the Application do not relate to the implementation of the Resolution Plan. The Company being now out of insolvency, Adjudicating Authority ought not to have entertained the Application.
We notice that Application has already been listed for 16.12.2024 and now it is fixed for 06.02.2025 before the Adjudicating Authority as submitted by the Appellant. In the facts of the present case, when the Application is still pending, we are of the view that ends of justice will be served in giving liberty to file objection including the objection of maintainability. We do not find it a fit case to keep this Appeal pending before us and giving the said liberty to the Appellant, we dispose of the Appeal.
We make it clear that insofar as submitting the documents as directed the said exercise may be undertaken by the Appellant after the Orders are passed in I.A. No. 598/2024, if any. We have not issued any Notice to the Respondent.
In view of the Order, which we have been passed especially the fact the Application is pending, liberty is granted to the Respondent to file an Application for clarification and modification by this Order, if they are so advised.
Appeal is disposed of.