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TMI Blog2022 (2) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... inal order dated 30.01.2020 clearly records that the Judicial Member has recused, hence that order cannot be read any difference of opinion. After refusal there are no two opinions available to find out any difference of opinion. The matter has to be listed before a Bench consisting of Judicial Member and Technical Member as has already been held by this Tribunal in its judgment dated 24.08.2020 - the Learned President of the NCLT may take appropriate Administrative decision for listing the matter before a Bench consisting of Judicial Member and Technical Member. The copy of this order be placed by the Registrar before the Hon ble President for passing appropriate order within a week from today. The Adjudicating Authority in the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellant submits that there have been several orders and proceedings with regard to the main proceeding being TP 123 of 2019 in CP (IB) 137 of 2019. He submits that the order of status quo has been passed whereas the main petition has not yet been considered and last order passed by the Single Bench on 03.12.2021 where Learned Single Bench has again observed that the matter be listed before the appropriate Bench. 4. Before proceeding further, it is necessary to notice certain orders which have been passed in this proceeding. On 30.01.2020, while hearing the Company Petition, an order was passed where one of the Members i.e. Judicial Member has recused from this case due to personal reasons. The order was issued by the Member Technica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trative Order was passed by the Hon ble President for placing the matter before Single Bench. On 01.12.2021, Division Bench noticing the fact that the matter has been referred to Single Member due to difference of opinion, released the matter and fixed for further consideration. Thereafter, Single Member of the NCLT considered the matter. On 03.12.2021, Single Member again made following observations:- This is a peculiar situation where the Corporate Debtor has already admitted the claim and only formal order of initiation of CIRP needs to be passed, but for the jurisdiction of which Bench, is the only question to be decided. The parties are directed to take appropriate steps to obtain the directions with respect to listing/ hearing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned in the present Appeal. The Adjudicating Authority in the impugned order has noticed the aforesaid fact that matter is still awaiting order of the President, hence, during this status quo has to be maintained. We see no reason to entertain this Appeal against the said order which is order of interim nature and is subject to any further order passed by the Adjudicating Authority. We, thus, dispose of this Appeal with observation that copy of this order be placed before the President by the Registrar, NCLT for passing appropriate order for listing the main Company Petition before a Bench consisting of Judicial Member and Technical Member. It shall always be open for the Appellant to make request of passing any further order including the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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