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TMI Blog2022 (10) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... R Heard Shri Krishnendu Datta, learned senior counsel for the Appellant, learned counsel for Respondent No.2 and learned counsel appearing for the Intervenor. 2. This Appeal has been filed against order dated 24.01.2019 passed in C.P. No. IB-1403(PB)/2018 - 'Neeraj Gupta vs. Emmar MGF Land Ltd.' by which order the Adjudicating Authority (National Company Law Tribunal, Principal Bench, New Delhi has admitted the Section 7 application filed by Neeraj Gupta - Financial Creditor (an allottee). 3. This appeal was entertained by this Tribunal and on 01.02.2019 interim orders were also passed. Subsequently, this Tribunal passed orders on 28.02.2019, 04.04.2019 and 15.04.2019. It is further relevant to notice that against the interim order passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court in Civil Appeal No. 2502 of 2019 the present appal has become infructuous. 6. As noted above, Company Appeal (AT) (Ins.) No. 107 of 2019 has been filed against the order dated 24.01.2019 of Adjudicating Authority initiating CIRP on a Section 7 application filed by 'Neeraj Gupta' being C.P. No. IB-1403(PB)/2018 and interim order was passed on 01.02.2019. It is relevant to notice that against the order dated 01.02.2019 Civil Appeal No. 2502 of 2019 was filed by Dr. Virendra Swarup Institute of Computer Studies, where following order was passed on 29.03.2019:- "ORDER Heard the learned Senior Counsel/ Counsel appearing for the parties. The matter is being disposed of today as it is clear that the appellant is an allottee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore this Court since in any event they have filed applications before the NCLAT and if the prayer of the appellant to withdraw his appeal is allowed, the said intervenors in any event will have to avail their remedies in accordance with law. Considering the fact that the last order in the appeal before NCLAT is 15.04.2019 and sufficient time has elapsed, we request the NCLAT to dispose of the application pending before it seeking withdrawal of the appeal, as expeditiously as possible within a period of six weeks from this date. With the above observations, the appeals stand disposed of." 8. We after considering the submissions of the parties and after perusing both the orders dated 29.03.2019 and 15.09.2022 passed by Hon'ble Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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