Tribunals and CommissionsDivision Bench(2022) 05 NCLAT CK 0017

Sunil Kumar Rajan vs Wog Technologies Private Limited Through Interim Resolution Professional & Ors

National Company Law Appellate Tribunal · Decided on 6 May 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Shreesha Merla, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 500 Of 2022

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Judgment

6 paragraphs · 236 words
1.

Heard Learned Counsel for the Appellant.

2.

This is an Appeal filed against the Order dated 19th April, 2022 passed by the Adjudicating Authority. By which Order, the Adjudicating Authority asked for report from IRP and fixed the matter on 25th May, 2022.

3.

The Appellant-Suspended Director of the Corporate Debtor has come up in this Appeal. Learned Counsel for the Appellant submits that an Application under Section 12A of the Insolvency and Bankruptcy Code, 2016 has been filed by IRP on 23rd  December, 2021 and an Interim Order was passed on 30th December, 2021 directing for not constituting the 'Committee of Creditors' which Interim Order is continuing as on date.

4.

The grievance of the Learned Counsel for the Appellant is that the Application filed under Section 12A is pending for last four to five months which has not yet been decided which is causing great hardship to the Appellant.

5.

We notice that next date fixed in the matter is 25th May, 2022. We are of view that Application under Section 12A having already been filed, the same needs to be considered first. We request the Adjudicating Authority to consider the 12A Application on the next date i.e. 25th May, 2022 which date has been fixed by the Adjudicating Authority itself for consideration of the I.A. 6000/ND/2021 and dispose of the same at an early date.

With these observations, the Appeal is dismissed.