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TMI Blog2023 (6) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... is a fit case to remand the matter to the Adjudicating Authority and the Adjudicating Authority shall decide the Application within a period of four weeks from the date of this Order. It is made clear that this Tribunal has not commented on the merits of the matter and the Adjudicating Authority shall proceed in accordance with Law, uninfluenced by any observations in this Order. The matter is remanded back to the Adjudicating Authority for fresh adjudication on merits - Appeal allowed. - Company Appeal (AT) (CH) (Ins) No. 61/2023 (IA Nos. 225 & 226/2023) - - - Dated:- 8-6-2023 - [ Justice M. Venugopal ] Member ( Judicial ) And [ Ms. ShreeshaMerla ] Member ( Technical ) For the Appellant : Mr. Mayan H Jain , Advocate For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d percent of voting rights in the CoC and for further other reliefs. iii. Pass such farther or other orders as this Hon ble Tribunal may deem fit and proper to grant to the Applicants such further relief in the circumstance of this case and in the interest of justice and thus render justice. The Prayer 1 is not pressed. The case of the Applicant promoter director is that the RP should not admitted the claim of IARC on the ground that the assignment of the debt from ICICI bank to Standard Chartered Bank and thereafter to IARC is not valid in law to support that the Applicant relies upon the proceedings before the DRT and order of the DRAT dated 09.07.2018. The Operative Portion order is as follows: On careful perusal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Counsel that it was wrongly recorded that they did not press for Prayer 1 in the Application, but the Order was passed, despite no such submissions having been made by the Counsel. The Learned Counsel for the Appellant sought an opportunity to be heard before the Adjudicating Authority on merits of the matter specifically on the ground that the Application has raised repeated objections to the Constitution of the CoC. Be that as it may, the Learned Counsels appearing for the Respondents No. 1 4 submitted that they do not have any objection if the matter is remanded to the Adjudicating Authority , for deciding the Application on merits. 4. Taking into Consideration, the submissions of both the Parties as well as the facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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