AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
22.08.2024: I.A. No. 5971 OF 2024: - This is an application for condonation of two days’ delay in filing the Appeal. Cause shown sufficient. Delay is condoned.
Company Appeal (AT) (Insolvency) No. 1638 of 2024: -
Heard Counsel for the Appellant and Counsel for the Resolution Professional.
This Appeal has been filed against the order passed by the Adjudicating Authority dated 28.05.2024 in IA No.2767 of 2024. Appellant has made following prayers in the application:-
“a. Implead the Applicant as a party to the Corporate Insolvency Resolution Process of the Corporate Debtor in the present case;
b. Direct the Respondent No. 1 to provide copies of the resolution plan to the Applicant
c. Permit the Applicant to file his detailed reply/objections to the Resolution Plan
d. Direct the Respondent No. 1 to file a detailed status report clarifying the status of the commercial project, "TO-DAY Corner-Walk, GH- 01, Sector 143, Gautam Budh Nagar, Noida, Uttar Pradesh"
e. Direct the Respondent No. 2 to make necessary corrections in the plan removing all references and provisions relating to "TO-Day Corner-walk, GH-01, Sector 143, Gautam Budh Nagar, Noida, Uttar Pradesh" from the plan".
f. Pass such other order(s) as may be deemed fit and proper in the facts and circumstances of this case.”
Insofar as the prayers (a) and (b), Adjudicating Authority has rejected the prayer for impleadment and further directed that copy of the Resolution Plan cannot be given to the Appellant.
We do not find any infirmity in the impugned order passed by the Adjudicating Authority. Copy of the Resolution Plan could not have been given to the Appellant at this stage who is claiming some rights in one of the project and further impleadment was not necessary in Section 9 proceeding. However, the Adjudicating Authority itself fixed the matter on 18.07.2024 for consideration of other prayers and issued notice for filing reply on the remaining reliefs. Remaining reliefs have not yet been considered by the Adjudicating Authority and they are still to be considered in accordance with law. The fact that notice has been issued on the application on other prayers, we are of the view that the Applicant even though was not impleaded is to intervene in the proceeding for consideration of other prayers. In view of the fact that prayers are still under consideration, we see no reason to entertain any of the submissions of either of the parties.
In view of the aforesaid, we dispose of the Appeal with liberty to parties to raise their submissions in respect of the other prayers made by the Appellant. Appeal is disposed of.