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2024 (2) TMI 203

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..... 99 of 2024 Company Appeal (AT) (Insolvency) No. 200 of 2024 - - - Insolvency & Bankruptcy - Seeking refund of money paid in excess inadvertently to the Corporate Debtor - related parties - HELD THAT:- By the Impugned Order applications have not been finally decided and direction has been issued to list it before the Regular Bench. The Appellant who claims not to be promoter/key managerial perso .....

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..... Heard Learned Counsel for the Appellant as well as Learned Counsel for the Resolution Professional. 2. These two Appeals have been filed against the Order passed by the Adjudicating Authority dated 13.12.2023 by which I.A. No. 4951 of 2023 filed by Synergia Sciences Pvt. Ltd. and I.A. No. 3234 of 2023 filed by Beena Mehul Parekh Anr. has been directed to be listed before the Regular Be .....

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..... tled after the adjudication in the avoidance application pending against them before the regular bench. Since avoidance application is being heard by the regular bench, place this IA before the regular Bench. Counsel for the Applicant may be allowed to file rejoinder, if any. 4. Learned Counsel for the Appellant submits that Appellants are not promoters/key managerial personnel hence the ear .....

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..... as referred to in the Impugned Order. The said issue is to be considered by the Adjudicating Authority before passing a final order on the said application. 7. We thus are of the view that no purpose shall be served in keeping these Appeals pending here. Both the appeals are disposed of directing the Adjudicating Authority to dispose of I.A. No. 4951 of 2023 and I.A. No. 3234 of 2023 in accorda .....

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