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TMI Blog2022 (4) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... f the respondent No. 1 (applicant) are to the effect that there ought not to be tearing hurry in deciding those applications. Such a proposition on the part of the applicant cannot be countenanced, particularly looking to the previous orders passed in the matter - It is also noticed from the record that though we had restored the said appeal before the Appellate Tribunal so that appropriate and necessary orders could be passed, the Appellate Tribunal has chosen not to pass any other order in the matter, for the reason that the present application was said to be pending in this Court. The application so moved by respondent No. 1 of the appeal is specifically rejected - the Appellate Tribunal is requested to immediately take up the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal or of withdrawing the matter from the file of Chandigarh Bench of the Tribunal and to decide the matter itself or to assign the same to any other Bench of the Tribunal. We had passed the said order dated 26.11.2021 without notice to any other party, particularly in view the fact that the order impugned before us was passed by the Appellate Tribunal on 10.08.2021 without notice to any other party and therein, the Appellate Tribunal, even while expressing anguish over unnecessary delay, had expected expeditious proceedings by the Adjudicating Authority. Yet, in the interest of justice, we had left it open for any opposite party, seeking modification of the order passed by us or proposing to make any other submission, to mov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.09.2020, directing the parties to maintain status quo with regard to the distribution of funds to the financial creditors. The appellant before us, the financial creditor, had moved the other application (IA No. 555 of 2020) before the Adjudicating Authority seeking recall of the ex parte order dated 09.09.2020. The said applications having not been decided, the appellant financial creditor approached the Appellate Tribunal by way of Company Appeal (AT) (Insolvency) No. 21 of 2021. The Appellate Tribunal disposed of the said appeal by its order dated 19.01.2021 while expecting of the Adjudicating Authority to expedite the process and to dispose of the pending applications within three months. The applications having not been decided even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pending in this Court. Taking the totality of facts and circumstances into account, the application so moved by respondent No. 1 of the appeal is specifically rejected. We would request the Appellate Tribunal to immediately take up the appeal for consideration and to pass such orders as may be deemed fit and necessary, keeping in view the observations and expectations in the order passed by this Court on 26.11.2021. MA 253/2022 in C.A. No. 6944/2021 This is an application other-way-round moved by the appellant seeking enforcement of order dated 26.11.2021. We find this application entirely unnecessary inasmuch as we have left every aspect of the matter open for consideration and for necessary orders by the Appellate Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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