9911796707
TMI Blog2023 (6) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.02.2021 passed by this Tribunal is hereby vacated. Accordingly, Contempt Case (AT) No. 10 of 2021 is also disposed of. - Company Appeal (AT) (Insolvency) No. 79 of 2021 & I.A. No. 434 of 2023 Contempt Case (AT) No. 10 of 2021 IN Company Appeal (AT) (Insolvency) No. 79 of 2021 Company Appeal (AT) (Insolvency) No. 1095 of 2021 - - - Dated:- 19-6-2023 - [Justice Anant Bijay Singh] Member (Judicial) And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Rajiv Ranjan, Sr. Advocate with Mr. Kumar Anurag Singh, Mr. Prabhunath Sinha, V. Mehta, Mr. R. Rampal, Advocates. For the Respondent : Ms. Anjali Sharma, Advocate for R-1. Mr. PBA Srinivasan, Ms. Srishti Bansal, Mr. V. Aravind, Advocates for SBI. For Appellant : Mr. Rajiv Ranjan, Sr. Advocate with Mr. Kumar Anurag Singh, Mr. Prabhunath Sinha, V. Mehta, Mr. R. Rampal, Advocates. For Respondent : Mr. Dhaval Despande, A. Arsiwala, Advocates for R- 1. Ms. Anjali Sharma, Advocate for R-2/IRP. ORDER Justice Anant Bijay Singh; Company Appeal (AT) (Insolvency) No. 79 of 2021 and I.A. No. 434 of 2023 preferred by the Appellant under Section 61 of the Insolvency and Bankruptcy Code, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quisites along with process fee be filed within one week. The Appellant provides e6 Company Appeal (AT) (Insolvency) Nos. 79 and 1095/2021 Contempt Case (AT) No. 10/2021. mail address of the Respondents, let notice also be issued through e-mail. 6. Further, Learned Counsel for the Appellant pressed the I.A. No. 174 of 2021 at page 109 of the Appeal Paper Book with a following prayers; a. That this Hon ble Tribunal be pleased to stay the effect, operation and implementation of FORM G being Expression of Interest published on 04.01.2021 by the Respondent No. 1 in Free Press Journal as per Minutes of the Seventh meeting of the Committee of Creditors held on 23.12.2020. b. That the implementation of the EOI published on 04.01.2021 be deferred pending the hearing and final disposal of Company Appeal no. 644 of 2019 pending before this Hon ble Tribunal. 7. In view of the prayers status quo as on today prevailing in the matter should be maintained. 8. In Company Appeal (AT) (Insolvency) No. 644 of 2019 parties may file Brief Written Submissions not more than four pages along with Case Laws, if any, within two weeks. 9. In Company Appeal (AT) (Insolv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or for development of the land situated more fully described in the schedule attached to this Application prayed this Bench to direct the Resolution Professional to take joint possession of the said land along with applicant to protect the land from third party encroachments. Since the above application is filed for protecting the interest of the Corporate Debtor in respect of land, the Resolution Professional is hereby directed to take possession along with the Local Police. The Concerned Local Police an production of this order shall provide necessary police assistance to the Resolution Professional in taking physical possession of the schedule property without insisting any further order from this Bench. All the parties are directed to complete their pleadings in all pending applications by serving advance copy of each other. List this matter on 22.12.2021. 6. The aforesaid Appeal was filed on 13.12.2021 and was taken up for admission on 04.01.2022, on that date, the aforesaid appeal was directed to be listed on 05.01.2022 along with Company Appeal (AT) (Insolvency) No. 644 of 2019 and Company Appeal (AT) (Insolvency) No. 79 of 2019 before the Court No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Learned counsel for the Petitioner states that a request in writing would be placed on record of the NCLT for early hearing of the application . 2. The learned Counsel for the Petitioner states that National Company Law Tribunal (NCLT) has now fixed the matter on 15 June 2023 and prays that this petition be adjourned to 15 June 2023. The learned Counsel appearing for the respective Respondents oppose the prayer submitting that when the entire proceedings are pending in NCLT and there is an interim order in Petitioner s favour, this Court should not monitor the proceeding before NCLT. They have placed on record the order passed by NCLT for circumstances in which the order is passed adjourning the matter to 15 June 2023. 3. We have perused the order. NCLT has recorded that the Advocate for the Petitioner himself had no idea as to why the Petitioner had approached the High Court. Once the entire issue is pending before NCLT and we had made certain observations including liberty to the Petitioner to file an application for an early hearing, we do not deem it appropriate to keep monitoring the proceedings before NCLT which is the Court of competent jurisdiction. Once N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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