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TMI Blog2024 (3) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellant/Petitioner, is not desirous of assailing the subsequent E-auction Notice dated 15.02.2024, (being the later development, after the earlier Auction Notice dated 16.09.2023) and in the absence of any challenge to the subsequent E-auction Notice dated 15.02.2024, then in law, it amounts to waiver, Acquiescence and also Estoppel By Conduct, of the Appellant/Petitioner. The instant Comp. Appeal filed by the Appellant, is only an exercise in futility/otiose one, in the considered opinion of this Tribunal. As such, this Tribunal is not inclined to entertain the instant Comp. Appeal and Dismisses the same, at the Admission stage, without traversing, or delving deep into the subject matter in issue. Company appeal dismissed. - [ Justic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant /Petitioner/Successful Resolution Applicant , came to be dismissed, by the Adjudicating Authority / Tribunal by assigning tangible and substantial reasons, among other things by pointing out, that the Corporate Debtor owning the Building and the Land (viz. Guarantor Mr. S. Srinivasan) had mortgaged the properties, in favour of the 4th Respondent/Bank of Baroda a Secured Financial Creditor . Added further, the E-auction Notice dated 16.09.2023 , clearly states that some properties of the Guarantor are also jointly brought to sale of the Secured Creditors . For arriving at the conclusion in not allowing the reliefs , sought for, by the Appellant/Petitioner/Successful Resolution Applicant , the Adjudicating Authority/Tribunal , had adver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssful parties , and their Bids , even confirmed, then, the Appellant/Petitioner in law , is only to assail the E-auction Notice dated 15.02.2024, if it so desires/advised. On a query posed by this Tribunal , the Learned Counsel for the Appellant , informs this Tribunal , that he maintains that the instant Appeal viz. Comp. App. (AT)(CH)(Ins) No.106 of 2024, challenges the Impugned Order dated 09.02.2024 in IA No.1800/2023 in IA(IBC)/1425/2022 in CP/216/2019) on the file of the Adjudicating Authority / Tribunal and in any event, the terms and conditions of the E-auction Notice dated 15.02.2024 are one and the same of the earlier Auction Notice dated 16.09.2023. In this connection, this Tribunal , pertinently points out, that obviously, the L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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