2019 (10) TMI 331 - AT - Insolvency and Bankruptcy

Grant of interim relief - matter pending before adjudicating authority - Service of notice - HELD THAT - Taking into consideration that the matter is pending before the Adjudicating Authority, we are not expressing any opinion with regard to the interim relief as sought for, which the Adjudicating Authority is required to decide after hearing the parties - However, we expect that, in the meantime, Deputy Commissioner of Customs will not sell or alienate the property, (if not already sold or alienated) to make the interim application infructuous - appeal disposed off.

Summary

Issues involved: Appeal against order dated 2nd July, 2019 issued by the Adjudicating Authority regarding notice to Commissioner (Customs) and interim impugned order.

The judgment delivered by the Appellate Tribunal involved an appeal filed by the Resolution Professional against an order issued by the Adjudicating Authority on 2nd July, 2019. The order pertained to issuing a notice to the Commissioner (Customs) and a subsequent interim impugned order. The Adjudicating Authority directed the Deputy Commissioner of Customs to file a reply affidavit within 7 days upon receiving a copy of the application. The Tribunal declined to pass a status quo order as requested by the applicant, citing uncertainty regarding the current status quo and the appearance of Customs Authorities seeking time to respond. The Tribunal refrained from expressing any opinion on the interim relief sought, leaving it to the Adjudicating Authority to decide after hearing the parties. However, the Tribunal expected the Deputy Commissioner of Customs not to sell or alienate the property in question to prevent the interim application from becoming infructuous. The appeal was disposed of with these observations, emphasizing the need for the Deputy Commissioner of Customs to maintain the status quo pending further proceedings before the Adjudicating Authority.