2023 (11) TMI 565

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..... was appointed by the NCLT vide order dated 11.01.2018. However, in spite of notice by the Registry, no response has been received. Thus, there are force in the contention of the ld. AR for the Revenue. The Mumbai Bench of this Tribunal in Alok Industries Ltd [ 2022 (10) TMI 801 - CESTAT MUMBAI] in similar circumstances held that the appeal abates. This principle has been followed subsequently .....

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..... last three occasions. 2. The ld. AR for the Revenue submits that the Corporate Insolvency Regulation Process (CIRP) has been initiated way back in year 2017 and the official liquidator has been appointed on 11.01.2018. He submits that since the successor-in-interest has not approached this Tribunal to continue the proceedings, therefore, as per Rule 22 of CESTAT (Procedure) Rules, 1982, the app .....

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..... e appeal or application shall abate, unless an application is made for continuance of such proceedings by or against the successor-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the appellant or applicant or respondent, as the case may be : Provided that every such application shall be made within a period of sixty days of the occurrence of the even .....

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