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TMI Blog2023 (2) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... Bankruptcy - Resolution Plan was filed by Resolution Professional for consideration before the Adjudicating Authority - Approval under Section 31(4) proviso of the I B Code has not yet been obtained from Competition Commission of India - HELD THAT:- The Adjudicating Authority relying on three member bench judgment of this Appellate Tribunal in Arcelormittal India Pvt. Ltd. vs. Abhijit Guhathaku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4) proviso is necessary/mandatory or not has already been heard by the Adjudicating Authority in Intervention Application of other stakeholder and order has been reserved on 09.02.2023. Respondent No.4 also adopted the submissions of Respondent No.1. There are no reason to enter into the issue as the said issue has already been reserved for consideration before the Adjudicating Authority. Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resolution Professional, Mr. Abhinav Vashisht, learned senior counsel appearing for Respondent No.2 Committee of Creditor and learned counsel appearing for Respondent No.4 Successful Resolution Applicant. In view of the facts of the present case we see no need to issue any further notice to Respondent No. 3 and 5. 2. This Appeal has been filed against the order dated 16.01.2023 by which ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Appeal (AT) (Ins.) No. 524 of 2019 and another three member bench judgment in Makalu Trading Ltd. and Ors. vs. Rajiv Chakraborty and Ors., in Company Appeal (AT) (Ins.) No. 533 of 2020 has taken the view that it is not mandatory to obtain the approval by the Competition Commission of India prior to approval by CoC and the same can be obtained during pendency of the application for appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are of the view that at this stage it is not necessary to enter into said issue and give any finding with regard to locus since the issues raised by the Appellant have already been heard and order reserved by the Adjudicating Authority. 6. In view of the aforesaid, we see no reason to entertain the Appeal at this stage. With these observations, the Appeal is disposed of. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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