Basheer Kunnummal & Ors vs Mather Projects Pvt Ltd And Ors

Basheer Kunnummal & Ors. ...Appellant

Versus

Mather Projects Pvt. Ltd. & Ors. ...Respondents

Present: For Appellant: Mr. Abhishek Anand, Mr. Sudhanshu Prakash and Mr. Nipun Gautam, Advocates. For Respondents: Mr. Siddhartha Chowdhury, Advocate.

ORDER

11.05.2023: This Appeal has been filed against the order dated 01.02.2023

passed by the Adjudicating Authority in I.A. No. 384 of 2023 and I.A. No. 385

of 2023. The only order passed by the Adjudicating Authority is that on the

application filed by the Resolution Professional report of quarter ending

31.07.2022 and 30.04.2022 is taken on record.

2. Learned counsel for the Appellant submits that the Reports have been

taken on record without any opportunity to the Appellant to contest the

Report. It is further submitted that the Adjudicating Authority has not

ascertained whether the facts asserted in the report are correct or not.

3. We have considered the submission of learned counsel for the Appellant

and perused the record.

Cont'd.../ -2-

4. By the order the report submitted by the Resolution Professional has

been taken on record. It is obligation of the Resolution Professional to submit

report to the Adjudicating Authority. In event, the Appellant is aggrieved by

any statement in the Report, it is open for the Appellant to take such remedy

as available in law. We do not find any goo ground to entertain this Appeal

against the order by which only report has been taken on record. Appeal is

disposed of, accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.482 of 2023