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Judgment
13.08.2026:
This appeal is directed against an order permitting the resolution professional to withdraw an application under Section 12A of the Code on the instructions of the financial creditor. It is submitted that, the 3rd respondent has 99.54 % voting share.
There has been no representation for the appellant in the last 7 occasions and even today that status quo continues.
The learned counsel for the R3 informs that, the CIRP is in its advance stage and the plan is now pending consideration of the Adjudicating Authority.
Even though the appellant is not present before us, we even doubt the right of the appellant to maintain this appeal, as the application under Section 12A essentially is CoC controlled.
We find no merit in the appeal and the same is dismissed.