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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 ..... d have been taken up for consideration and for decision prior to IA(IBC)/202/2023 is un-called for, for the reason being that the CIRP proceedings as initiated by the order of 12.04.2023 has already been given effect to, and moratorium contemplated under section 14 of the I B code, 2016 has already been enforced. Further, the fact that the Corporate Debtor had already vacated the premises about four years back and that the inferences drawn upon the inspection of the records as available with the RoC, and as per the share allotment letter of 08.01.2018 pointed to the need for considering the application under section 19(2) of the Code, on a priority basis so as to facilitate CIRP proceedings already ordered to be carried out in a move effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Sivarama Prasad Gudipati (Respondent No. 2), was appointed as Interim Resolution Professional (IRP) to undertake the CIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince 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 re-heard to be decided on its merits instead of drawing inference from the decisions which were taken on the same day i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormation/ 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 was filed by invoking the provisions under section 60(5) of the I B Code read with rule 49(2) of the NCLT rules. In this application, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 order was passed on IA(IBC)202/2023, the application IA No. 204/2023, preferred on the ground that, the order of initiation of CIRP proceedings on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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