2021 (9) TMI 1295 - AT - Insolvency and Bankruptcy

Non-grant of interim order by the Tribunal - HELD THAT - Ld. Counsel for R-1 submits that he could not file the reply affidavit of the appeal as well as reply of the stay application. Therefore, he further seeks and is granted one week s time to file the same. Let the matter be fixed for Orders on stay application I.A. no. 1649/2021 on 24th September, 2021.

Summary

Issues:
1. Preponement of the hearing date for considering the stay application.
2. Granting additional time to file reply affidavits.
3. Direction to the IRP regarding CIRP steps.
4. Fixing the next date for orders on the stay application.

Analysis:
1. The judgment pertains to the preponement of the hearing date for considering the stay application. The Hon'ble Supreme Court directed the Tribunal to consider the stay application at an early date due to the urgency of the matter. The order specified that any actions taken in the meantime would be subject to further orders passed by the Tribunal while considering the application for an interim order. The Tribunal was directed to take up the matter on 07.09.2021 instead of the previously scheduled date of 07.10.2021.

2. The counsel for Respondent 1 requested additional time to file the reply affidavit of the appeal and the reply to the stay application. The Tribunal granted one week's time for filing the same, allowing the respondent to fulfill the necessary procedural requirements within the stipulated timeline. This extension ensured that all parties had adequate opportunity to present their case effectively.

3. The counsel representing the IRP (Respondent 2) informed the Tribunal that a 'Status Report' was filed on 06th September, 2021, which was duly taken on record. The Tribunal issued a directive to the IRP, instructing them not to take any steps in the Corporate Insolvency Resolution Process (CIRP) until the next date of hearing. This direction aimed to maintain the status quo and prevent any premature actions that could impact the proceedings.

4. The Tribunal decided to fix the next date for orders on the stay application, I.A. no. 1649/2021, on 24th September, 2021. By scheduling a specific date for the next steps in the case, the Tribunal provided clarity and a timeline for the parties involved, ensuring a structured and efficient progression of the legal proceedings. This decision facilitated the orderly conduct of the case and allowed for timely resolution of the pending matters.