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Judgment
Ld. Counsel for the Appellant submits that the Appellant is a Financial Creditor of KK Milk Fresh India Ltd. exercising 39.75% voting right in CoC. The Appellant is aggrieved of the long pendency of the Application I.A. No. 210 of 2020 filed under Section 33 (1) of the IBC for liquidation of the Corporate Debtor before the Adjudicating Authority, Allahabad. The Application was filed on 29.08.2020, however, after lapse of one year the Application has not been decided and the asset of the Corporate Debtor are deteriorating, therefore, this Appeal has been preferred and seeking direction to the Ld. Adjudicating Authority to decide the Application expeditiously.
Ld. Counsel for the Appellant has impugned the order dated 24.08.2021. In this order, it is mentioned that "As jointly prayed, put up in the week commencing 15th September, 2021 for arguments before the Regular Court/through Video Conferencing."
There is nothing against the Appellant, therefore, the Appeal is not maintainable under Section 61 of the IBC. Thus, the Appeal is dismissed as not maintainable. However, we request the Ld. Adjudicating Authority to decide the Application I.A No. 210 of 2020 at the earliest as per law, which is pending for more than a year.
The Registry is directed to send the copy of this order to the concerned Adjudicating Authority forthwith.