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TMI Blog2023 (10) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned, which have not been dealt with by the NCLAT, it would not be appropriate for this Court to venture into that area and other aspects, considering the nature of appeal before this Court as the NCLAT must bestow consideration on those aspects first before this Court is called upon to take a view in the matter, especially keeping in mind the limited jurisdiction of this Court vis-a-vis Section 62 of the Code limiting the appeal to a question of law . The impugned order set aside - matter remitted back to the NCLAT for its adjudication on the various other aspects which the appellant seeks - appeal allowed by way of remand. - HON'BLE MR. JUSTICE SANJAY KISHAN KAUL And HON'BLE MR. JUSTICE SUDHANSHU DHULIA For the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code. Apart from this, it is submitted that Section 21 has two provisos and the second proviso would apply in the case of the appellant. Thus, there is no disqualification in terms of Section 5(24) as a related party. Section 21 with provisos and Sub-clause (j) to Section 5(24) read as under: Section 5(24) related party , in relation to a corporate debtor, means xxx xxx xxx (j) any person who controls more than twenty per cent. of voting rights in the corporate debtor on account of ownership or a voting agreement; xxx xxx xxx Section 21.(1) The interim resolution professional shall after collation of all claims received against the corporate debtor and determination of the financial position of the corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant before us is concerned, on account of both the aspects urged by learned senior counsel for the appellant, the appellant cannot be treated as a related party and thus, would find a place on the Committee of Creditors. Having opined so, insofar as the other aspects are concerned, which have not been dealt with by the NCLAT, it would not be appropriate for this Court to venture into that area and other aspects, considering the nature of appeal before this Court as the NCLAT must bestow consideration on those aspects first before this Court is called upon to take a view in the matter, especially keeping in mind the limited jurisdiction of this Court vis-a-vis Section 62 of the Code limiting the appeal to a question of law . We, thu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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