9911796707
TMI Blog2024 (5) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... AT:- The impugned order being only interlocutory order and subsequently another order has been passed on 11.03.2024 all issues pertaining to the application are open and to be considered and decided by the Adjudicating Authority after hearing both the parties. Since the Adjudicating Authority in subsequent order makes it clear that the application may be decided afresh after hearing both the parties and considering the Reply, there are no reason to keep the appeal pending. Appeal disposed off. - [ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Krishnendu Datta, Sr. Advocate with Mr. Shambo Nandy, Ms. Akanksha Kaushik, Ms. Alina Merin Mathew, Mr. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al deems fit and proper in the interest of justice. 4. The application came for hearing on which date the impugned order was passed. 5. Sh. Krishnendu Datta, Sr. Advocate appearing for the Appellant challenging the order submits that the Adjudicating Authority has directed the Resolution Professional (RP) to examine the issue afresh and submit its view on the next date of hearing which indicates that there was some material to examine the issue of reconstitution of the Committee of Creditors (CoC), whereas, there is no material or reason to issue any such direction. 6. It is submitted that Resolution Plan has already been approved by the CoC in June 2022 and pending before the Adjudicating Authority. 7. Sh. Arvind Nayyar appearing for PNB r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice to all the members of the CoC along with the copy of the application for filing their reply and appearance. Notice be issued by all means and proof of service be filed. List this application on 02.05.2024. 13. The subsequent order clearly indicates that Applicant was directed to issue Notice to all Members of the CoC alongwith the copy of the application for filing the Reply and appearance. 14. The subsequent order indicates that application I.A. 3151/2022 earlier directions have been followed by fresh direction of issuing Notice and filing Reply which indicates that all issues in I.A. 3151/2022 was open to be decided and considered by the Adjudicating Authority after hearing all the parties including the Appellant, who was Member of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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