Amisha In Sky Creation Pvt. Ltd vs Sandeep D Maheshwari
- CitationCompany Appeal (AT) (Ins) No. 578 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal declines interim relief staying the approval of a resolution plan by the Committee of Creditors pending the appeal against rejection of the appellant's claim, holding that an interim stay of plan approval cannot be granted as prayed, since any order in the pending appeal will necessarily abide by its outcome.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Amisha In Sky Creation Pvt. Ltd. ...Appellants Versus Sandeep D. Maheshwari & Anr. ...Respondents
Present: For Appellant : Mr. Rachit Mittal, Mr. Parish Mishra, Mr. Kanishk Raj, Mr. Adarsh Srivastava and Mr. Abhishek Sinha, Advocates. For Respondents : Mr. Palash S. Singhai, Mr. Harshal Sareen and Ms. Alisha Sharma, Advocates.
ORDER
(Hybrid Mode)
19.09.2025: I.A. No. 5598 of 2025
This application has been filed by the appellant praying for following
reliefs:-
"1. That the Appellant is seeking following relief from this Hon'ble Tribunal on the basis of below mentioned facts and circumstances:
a. Allow the present Application and grant ad interim stay on the approval of Resolution Plan by CoC till disposal of the captioned Appeal; and/or
b. Pass any other or further orders as deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of this case."
It is admitted case of the parties that process with regard to approval of
resolution plan is pending consideration. The appellant's claim was rejected against which the present appeal has been filed which has already been
directed to be listed on 17.12.2024.
We are of the view the interim prayer has been prayed by the appellant
for staying the approval of the plan cannot grant as prayed for. The appeal of
the appellant being pending it goes without saying that any order passed in
the appeal shall abide by the outcome of the appeal. Application is disposed of
accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/NN
2 of 2 I.A. No. 5598 of 2025 in Company Appeal (AT) (Ins) No. 578 of 2025
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