CIRP - Whether Appellant is justified to carry the appeal only ...

Appellant challenges the directive to produce balance sheets during a pending Section 9 IBC application; appeal validity questioned.

July 28, 2021

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Whether Appellant is justified to carry the appeal only because the Adjudicating Authority had given directions to produce the Balance Sheets? - The Application under Section 9 of IBC has been pending for long and against the spirit of provisions of IBC. The delay must be affecting the maximization of value of assets. The merits of the application under Section 9 have yet not been adjudicated and decided and so we are not entering in the issue whether there was a pre-existing dispute - It is apparent that for hearing the matter, the Adjudicating Authority needed a particular document which is even otherwise admittedly a public document. If that was so, there was no good reason to file the present appeal and to raise a dispute as has been raised.- AT

View Source