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Judgment
Learned counsel for the Appellant submits that Section 9 application filed by the Appellant is pending consideration since 2018 and this Tribunal has already passed an order on 27.09.2022 to the following effect:
“ORDER
27.09.2022: The Appellant, (the Operational Creditor) who has filed an application u/s 9 being CP(IB) No. 324/MB/2018 has come up in this appeal challenging the order dated 24.08.2022, by which order, Learned Adjudicating Authority has adjourned the matter for 19.10.2022 for hearing.
Learned Counsel for the Appellant submits that the Section 9 application has been heard on several occasions and pleadings are already complete but due to paucity of time, the matter could not be heard.
It is submitted that Section 9 application is now pending for about four years. Learned Adjudicating Authority have already fixed the date 19.10.2022 for hearing of Section 9 application, we see no reason to entertain this appeal. We, however, request the Adjudicating Authority to consider Section 9 application on the next date which is already fixed i.e.19.10.2022 and endeavour to dispose of the Section 9 application as early as possible. The appeal is disposed of with the aforesaid directions.”
Learned counsel for the Appellant submits that despite the said order, the application as well as petition has not yet been heard. It is submitted that now the next date fixed in the matter is 10.03.2023.
In view of the fact that matter is pending since 2018 and this Tribunal has also passed an order on 27.09.2022, we request the Adjudicating Authority to consider the petition as well as I.A., at an early date preferably within three months from the date copy of this order is produced before the Adjudicating Authority. The appeal is disposed of with the above direction.