Tribunals and CommissionsFull Bench(2022) 08 NCLAT CK 0033

State Bank Of India vs Essar Power Gujarat Ltd

National Company Law Appellate Tribunal · Decided on 12 August 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Rakesh Kumar, Member (J) · Dr. Ashok Kumar Mishra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 959, 960 Of 2022

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Judgment

3 paragraphs · 168 words
1.

Heard learned counsel for the parties. This Appeal has been filed challenging the orders dated 27.07.2022 and 01.08.2022. By order dated 27.07.2022, the Adjudicating Authority had fixed the matter for 01.08.2022 and on 01.08.2022, the matter was preponed to 22.08.2022. The last line of the order dated 01.08.2022 is:

“The next date of hearing in main IB application is preponed to 22.08.2022.”

2.

We  are  of  the  view  that  there  is  nothing  in  these  Appeals  to  be adjudicated by this Appellate Tribunal as the matter has already been preponed to 22.08.2022 and the parties are free to make their submissions before the Adjudicating Authority. At this stage, it is not necessary for us to make any observation or express any opinion. The Adjudicating Authority having already fixed 22.08.2022 in the main IB application, we see no further reason to entertain the matter. The Adjudicating Authority, on the date fixed, may consider and take appropriate decision as per its earlier order itself. The Appeals are disposed of accordingly.