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Judgment
30.06.2025 I.A. No. 2718 of 2025: There is an application for condonation of 11 days’ delay in filing the Appeal. Appellant is a Liquidator and reason given in the Application is that Appellant discussed with Counsel for filing the Appeal and SCC in its meeting dated 10.01.2025 requested the Appellant to take steps for filing the Appeal. Cause shown sufficient. Delay is condoned.
I.A. No. 2652 of 2025: This is an application for condonation of 84 days delay in refiling the Appeal.
Learned Counsel for the Appellant refers to para 4 & 5 of the Application. We find sufficient cause for condonation of 84 days delay in refiling the Appeal. Delay is condoned.
We have heard Learned Counsel for the Appellant. This Appeal has been filed against the order dated 03.12.2024 in I.A. No. 47(AHM)2023. Application was filed by the Appellant for dissolution of the Corporate Debtor. The Adjudicating Authority has noticed that order was passed on 22.10.2024 directing the Appellant to withdraw the Application. And further observed that Income Tax Department had filed certain objection of outstanding dues by affidavit reply dated 24.06.2024. The Adjudicating Authority has dismissed the Application as being premature with liberty to the Applicant to file fresh dissolution application after all the other pending applications are disposed of and affairs of the Corporate Debtor fully wound up. Following was the observed in last but one paragraph:
“In view of the same we dismiss the IA/47(AHM)2023 being premature allowing the applicant to file fresh dissolution application after all the other pending applications are disposed of and affairs of the Corporate Debtor are fully wound up.”
We have heard the Counsel for the Appellant and perused the record.
We do not find any infirmity in the order of the Adjudicating Authority observing the application is premature and pending applications needed to be disposed of and affairs of the Corporate Debtor fully wound up before considering dissolution of the Corporate Debtor.
Liberty having already been granted to the Applicant to file a fresh application, we do not find any error in the order. Appeal is dismissed.