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Abhimanyu Mittal vs Respondent

National Company Law Appellate Tribunal19 December 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's general observations, which request the IBBI to consider measures requiring Resolution Professionals and Liquidators to appear personally before the Court, and which contemplate guidelines or a circular rather than any direction against a named professional, do not constitute an order against the appellant individually and therefore do not give rise to an appealable grievance; accordingly, an appeal against such observations is not entertained and is disposed of.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1610 of 2023&I.A. No. 5818 of 2023

IN THE MATTER OF: Abhimanyu Mittal ...Appellant

Versus

--- ...Respondent

Present: For Appellant : Mr. Saurabh Jain and Mr. Aashish Sethi, Advocates

For Respondent : None

ORDER

(Hybrid Mode)

19.12.2023 There is a delay of 13 days in filing the appeal. Learned

Counsel for the appellant submits that delay was caused as the issue was

being deliberated and there was vacation also. Cause shown is sufficient,

delay is condoned.

This appeal has been filed by the Resolution Professional challenging

the order dated 11.10.2023 which is to the following effect:

"Mr. Ashish Sethi, Proxy Counsel appearing on behalf of Mr. Saurabh Jain, Learned Counsel for the Resolution Professional seeks an adjournment.

We have observed that in many cases, the Resolution Professional or the Liquidator do not appear to assist the Court. Even in application for taking on progress Report etc. We, therefore, request the IBBI to look into the matter and take appropriate measures in such cases, so that the Resolution Professional or the Liquidator as the case may be appear in person and assist the Court for ensuring proper assistance and to avoid any delay in adjudicating the matters. The registry is directed to send a copy of this order to IBBI. List the matter on 07.11.2023."

When we look into the order, it is clear that the Adjudicating Authority

did not direct the IBBI to take any proceeding against the Appellant. Rather

observation was that IBBI to look into the matter and take appropriate

measure in such cases so that RP and Liquidator, as the case may be, appear

in person analysis the Court.

The observations were general in nature with intent to framing some

guidelines or circular by the IBBI and no direction was issued against the

Appellant individually. We thus are of the view that there is no reason to

entertain the appeal. With these observations we dispose of the Appeal.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical) pks/nn

Company Appeal (AT) (Insolvency) No. 1610 of 2023 2 of 2

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