Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 0044

Tilaknarayan Purohit vs Girdharilal Sugar & Allied Industries Ltd. (In Liquidation) & Anr

National Company Law Appellate Tribunal · Decided on 20 March 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 304 Of 2023

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Judgment

5 paragraphs · 211 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the Order dated 06.01.2023 passed by the Adjudicating Authority in I.A. No. 6(MP) of 2023. I.A. No. 6(MP) of 2023 was filed by the Respondent No. 2 requesting to stay the further steps by the Liquidator with regard to the private sale assets of the Corporate Debtor made in favour of the Appellant.

3.

Learned Counsel for the Appellant submits that although the Adjudicating Authority has listed the Application on 03.02.2023 and thereafter several dates have been fixed but application has not yet been decided whereas the Appellant who was accepted as highest bidder H1 is suffering.

4.

From the Order passed by the Adjudicating Authority, it is clear that I.A. No. 6(MP) of 2023 is still pending consideration before the Adjudicating Authority and till the application is decided, no final steps can be taken by the liquidator. It is always open for the Appellant to press his application before the Adjudicating Authority as next date fixed is 20th April, 2023. It is open for the Appellant to request the Adjudicating Authority to dispose of I.A. No. 6(MP) of 2023 on the next date or as early as possible.

With these observations, we dispose of the Appeal.