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TMI Blog2024 (11) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... has been passed by the Learned Adjudicating Authority, NCLT, Amaravathy bench in IA No. 204/2023 in CP(IB/114/9/AMR/2022. The contentions of the Appellant are that the Learned Adjudicating Authority has erred in law, by first passing the order on IA (IBC)202/2023 filed by the Respondent No. 2 herein and consequently taking the said impugned decisions as rendered on 17.11.2023, as to be the basis for passing the order on IA (IBC)/204/23 which is impugned in the instant company appeal. 2. The brief facts are, that the company under the name of M/s. Villmar Agro Polymer Pvt. Ltd., owing to the financial debt was admitted into CIRP proceedings by an order 12.04.2023, as rendered in CP (IB) No.114/9/AMR/ 2022, and by the same order, Mr. Sivara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the I & B code ought not to have been drawn by the Learned Adjudicating Authority in the first place and that, secondly, since the said proceedings were not in his knowledge, in the absence of any notice being served upon by the Applicant/Respondent No.1 herein, the order of 12.04.2023 may be re-called for which he had filed IA No. 204/2023. Thus, the prime concern which the appellant has canvased in the present appeal was that, when he has already preferred IA No.204/2023 in the aforesaid company petition CP(IB)/114/9/AMR/2022, seeking a recall of the order dated 12.04.2023, owing to the fact that, the said order was passed in derogation to the principles of natural justice, it ought to have been recalled and the petition should have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned in the application valid and convincing. The application is allowed directing the respondents to furnish the requisite information/ documents and any further information/documents as may be needed to the Applicant details of which shall be specifically stated once again by the Resolution Professional and be communicated to the Respondents within 7 days from the date of the order and the Respondents shall within 10 days from the date of issuance of this order, comply the same. In default the Resolution Professional can approach this Tribunal for necessary direction. Accordingly, IA(IBC)/202/2023 in CP(IB)/114/9/AMR/2022 is allowed and disposed of". 7. The impugned order dated 17.11.2023, was passed on IA (IBC)/204/2023, which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 19(2) of the Code, on a priority basis so as to facilitate CIRP proceedings already ordered to be carried out in a move effective manner. In this context, the dismissal of the application preferred by the appellant, being IA(IBC)204/2023, on the ground that no adjudication on merits is required to be made on the said application, because of the order passed on IA No. 202/2023, is absolutely justified, because section 60(5) will not have a superseding effect to the provisions contained under section 19(2) to be read with section 14 of I & B code, 2016 for the purpose of effective conduct of CIRP proceedings. We find that the application being IA No. 204/2023 has been rightly rejected by Learned Adjudicating Authority because after the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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