9911796707
TMI Blog2025 (2) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... AL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] indicates that this Tribunal did not entered into the issues raised in the appeal and relying on affidavit which was filed by the Liquidator where entire amount admitted of the Appellant was proposed to be distributed, appeal was closed referring to the affidavit, which has been noticed in Paras 4 and 5 of the order. In Para 6 of the order, it is clearly mentioned that "we are of the view that there is no necessity of considering any issue which has arisen in this appeal" and further this Tribunal clarified that "We make it clear that we have not entered into any issue on merits". Due to subsequent events, which have been noticed above, especially the issue regarding distribution to other credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal (AT) (Ins.) No.1019 of 2024 came to be filed. When the appeal was taken up, learned counsel for the Liquidator brought before the Court that Liquidator has filed an affidavit where amount of admitted claim of the Appellant is being offered. Considering the aforesaid, this appeal was not decided on merits and the appeal was disposed of by order dated 06.08.2024. In Paras 6 and 7 of the order following has been stated: "6. In view of the stand now taken by the liquidator by filing an affidavit before the Adjudicating Authority, we are of the view that there is no necessity of considering any issue which has arisen in this appeal. The appellant having been offered to pay the amount of Rs. 39,30,54,422/-. We see no reason to keep the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being revived. It is submitted that against the order dated 20.08.2024, Appellant has already filed an appeal being Company Appeal (AT) (Ins.) No.1657 of 2024, which is also listed today and all issues need to be decided in accordance with law. 5. Learned counsel for the Appellant has also referred to order passed by this Tribunal on 23.08.2024 in Company Appeal (AT) (Ins.) No.1657 of 2024, where it was observed that issuance of Sale Certificate shall abide by the result of the appeal. 6. We have considered the submissions of learned counsel for the parties and perused the record. 7. Company Appeal (AT) (Ins.) No.1019 of 2024 was disposed of by judgment of this Tribunal on 06.08.2024. A perusal of judgment of this Tribunal indicates that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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