9911796707
TMI Blog2024 (3) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ASHOK BHUSHAN , J. This Application has been filed by the Respondent to the Appeal, Akasa Finance Ltd. (Formerly Known as Pooja Finlease Ltd.) praying for recall of order dated 11.02.2022 passed in Company Appeal (AT) (Ins.) No.152 of 2020 by which Corporate Insolvency Resolution Process of the Corporate Debtor was set aside. The application has been opposed by the Appellant who has also filed a reply to the application. Brief facts necessary to be noticed for deciding this application are:- (i) An application was filed by the Financial Creditor against the Corporate Debtor - M/s Auto Needs (India) Pvt. Ltd. under section 7 claiming total financial debt of Rs.66,76,565/-, which application was admitted by the Adjudicating Authority vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the corporate-debtor is present. Authorized Representative is also present and submitted that they have received 12 cheques towards full and final settlement of their claim. The application filed under Rule 11 of NCLT rules, 2016 is taken on record and the application is allowed as a consequence the petition filed under Section 7 stands dismissed as withdrawn, in exercise of powers conferred under Rule 11 of the NCLT Rules, 2016." The True copy is marked 'X' for identification. 2. Counsel for Appellant states that in view of the Order passed by the Adjudicating Authority dismissing the Application under Section 7 as withdrawn, he may be permitted to withdraw this Appeal. The learned Counsel for Respondent agrees that such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (vi) Applicant in the application has also referred to I.A. No. 1124 of 2021 which was filed by the Applicant - Financial Creditor before the Adjudicating Authority for revival of the Section 7 application which application was initially dismissed by the Adjudicating Authority on 10.11.2021 against which Company Appeal (AT) (Ins.) No.103 of 2022 was filed by the Financial Creditor. This Appellate Tribunal vide order dated 18.07.2022 has allowed the Appeal and set aside the order dated 10.11.2022 and revived Section 7 application filed by the Financial Creditor. (vii) In the reply filed by the Appellant to the I.A. No.2316 of 2023, the Appellant has stated that against the order passed by this Tribunal on 18.07.2022, the Corporate Debtor h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal itself in its order dated 11.02.2020. The cheques given by the Corporate Debtor having been dishonoured, Appeal deserve to be revived. We, however, notice that the Appellant has been opposing the Application on untenable grounds and his only intent is to delay the proceedings. The sequence of the events indicate that the Corporate Debtor did not honour the settlement on basis of which Section 7 application was closed by the Adjudicating Authority by order dated 05.10.2020 and thereafter on one or other pretext has been delaying the proceedings. 4. In view of the foregoing discussion, we allow I.A. No.2316 of 2023, recall order dated 11.02.2020 passed by this Tribunal in the present appeal. The Company Appeal (AT) (Ins.) No.152 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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