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Judgment
O R D E R
28.11.2022: I.A. No. 3844 of 2022 - This application has been filed by the ‘Bharat Road Network Ltd.’ making following prayers:
(a)Permit the Applicant herein to intervene in the captioned Appeal;
(b)Order be passed directing the Managing Director, IL&FS Group to forthwith consider and allow the written representation dated December 3, 2021 submitted by the applicant for setting off the claim of the applicant being Rs. 172,56,64,290/-, as on July 30, 2022, as against the claims made in the proceedings under Section 7 of the IBC, filed by IFIN;
(c)Order of injunction be passed restraining the IL&FS Financial Services Ltd. from pressing any claim against the applicant till such time the representation is considered;
(d)Ad-interim orders in terms of prayers above; and
(e)Pass any such other Order/s as this Hon’ble Tribunal may deem fit in the interests of justice.
Learned Counsel for the Applicant seeks liberty to file an I.A. in C.P. (IB) No. 346/KB/2020 and to withdraw this application.
The application is withdrawn with liberty aforesaid.
I.A. No. 2966 of 2020, 3115, 3844 of 2022 in Company Appeal (AT) No. 346 of 2018 and Company Appeal (AT) No. 347 of 2018
We make it clear that we are not expressing any opinion on the merits of the application and it is for the Adjudicating Authority to consider the matter and take the decision accordingly.
Request for filing the Reply Affidavit in I.A. No. 3115 of 2022 is allowed. Reply may be filed within one week. Rejoinder, if any, be filed before the date fixed.
Rest of the I.As be listed on 20th December, 2022 at 2.00 P.M.
All pending I.As in the IL&FS matter and other appeals may also be listed on 20th December, 2022 at 2.00 P.M.
These applications, if required, may be continued on 21st December, 2022 also at 2.00 P.M.
List I.A. No. 4009 of 2022 on 9th December, 2022 at 2.00 P.M.
[Justice Ashok Bhushan]
Chairperson
[Ms. Shreesha Merla]
Member (Technical)
sa/nn
I.A. No. 2966 of 2020, 3115, 3844 of 2022 in Company Appeal (AT) No. 346 of 2018 and Company Appeal (AT) No. 347 of 2018
