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2024 (9) TMI 708

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..... e present appeal is disposed of and the impugned order is hereby set aside. The matter qua the claim of the IRP is being kept open for him to file an appropriate application, if so advised, before the Tribunal for redressal of his grievances - The Registrar shall release the FDR within two weeks from today to the counsel for the respondent. - [ Justice Rakesh Kumar Jain ] Member ( Judicial ) , [ Mr. Naresh Salecha ] Member ( Technical ) And [ Mr. Indevar Pandey ] Member ( Technical ) For the Appellant : Mr. Abhijeet Sinha, Sr. Advocate, Mr. Anuj Tiwari, Mr. Aditya Shukla, Ms. Aroshi Pal, Advocates For the Respondent : Mr. Naman Tandon, Mr. Monish Surendran, Advocates for R-1. Mr. Shyam Sundar Kasera, IRP ORDER ( Hybrid Mode ) Per: Justice .....

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..... filed within two weeks, thereafter. 5. List this Appeal on 15th April, 2024. In the meantime, no further steps shall be taken in pursuance of the Impugned Order. We make it clear that deposit shall be without prejudice to the contentions of both the parties. 3. As per the aforesaid order, the appellant was to deposit Rs.1,93,50,000/- with the Registrar of this Court which has been deposited on 20.03.2024. It is also pertinent to mention that further proceedings in pursuance of the impugned order was stayed. 4. During the pendency of this appeal, parties to the lis entered into a settlement and time was taken by them for placing the consent terms on record. 5. In this regard, a specific order was passed on 20.08.2024 and thereafter on 10.09. .....

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..... f any, may be arrived at be placed on record. Interim Order to continue. 10.09.2024 : The consent term is yet to come which is to be placed by the parties on record. Counsel appearing on behalf of the appellant has prayed for a short accommodation in order to produce the consent term in court. On his request, adjourned to 12.09.2024 to be listed at No.1 in the cause list. Interim order to continue. 6. In terms of the order dated 10.09.2024 the consent term has been produced today in court which is taken on record as Annexure X . 7. Counsel for the parties, namely, Suspended Director of the Corporate Debtor and Financial Creditor have jointly submitted that in view of the settlement (Consent term) the impugned order may be set aside and the .....

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..... Sundar Kasera was appointed vide the impugned order and has not worked even for a day because the order dated 22.02.2024 was immediately stayed by this court, therefore, he would not be entitled to salary of more than a month. However, Mr. Shyam Sundar Kasera is insisting upon the payment of the entire dues, therefore, it would be just and expedient, if Mr. Shyam Sundar Kasera is allowed to file an application to the Tribunal in this regard. 13. Therefore, the matter qua the claim of the IRP is being kept open for him to file an appropriate application, if so advised, before the Tribunal for redressal of his grievances. 14. The Registrar shall release the FDR within two weeks from today to the counsel for the respondent. - - TaxTMI - T .....

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