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Judgment
10.07.2025 : This appeal has been filed against an order dated 27.02.2025 in I.A. Nos. 129/2025, 1018/2024 & 856/2024. All the IAs have been rejected by the adjudicating authority.
Appellant has filed I.A. No. 129/2025 praying for recall of the order dated 12.12.2024. Order dated 12.12.2024 was passed in I.A. No. 1018/2024 which was filed by Respondent No. 1 regarding disposal of one of the part of the assets sold stated to be ‘hydraulic crane’ which did not form part of the liquidation estate.
Adjudicating authority vide order dated 12.12.2024 has directed that applicant, Respondent No. 1 herein be take over assets immediately from Respondent No. 1 to the application & Respondent No. 1 to hand over the assets within a period of one month. Respondent No. 1 in the application was the liquidator. Present appellant was also Respondent No. 1 in I.A. No. 1018/2024 and in I.A. No. 856/2025, the liquidator was Respondent No. 1.
The appellant has filed the application to recall the order dated 12.12.2024 which has been rejected. Learned counsel for the appellant fairly submitted that appellant does not claim any right in the ‘hydraulic crane’ which has been directed to be handed over to Respondent No. 1. It is submitted that the appellant was part of the consortium who was the Successful Auction Purchaser. The assets over which the ‘hydraulic crane’ laying was sold to one of the consortium members – Nauyaan Shipyard Pvt. Ltd.
Learned counsel for the appellant submitted that however the consortium member – Nauyaan Shipyard Pvt. Ltd. has also no objection with regard to handing over the ‘hydraulic crane’ to Respondent No. 1.
In view of the factual statements as submitted by the appellant, we see no reason to entertain this appeal or interfere with the order rejecting the application filed by the appellant.
Learned counsel for the appellant submits that appellant shall extend all cooperation to the liquidator as well as the Respondent No. 1 for taking away the hydraulic crane. We record the above statement made by the appellant.
Recording the aforesaid statement, we close the appeal.
In view of the fact that appellant has stated that he will extend all cooperation, it is open for the appellant to resist the contempt proceedings as said to have been filed.