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Daulat Leasing And Finance Private ... vs Sanjeev Mahajan & Ors

National Company Law Appellate Tribunal7 August 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeal by an operational creditor against the dismissal of an application filed by another person cannot be entertained at that party's instance where the applicant on that application has itself appealed the same order, so the present appeal is dismissed on that ground alone.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins) No. 1551 of 2024&I.A. No. 5626 of 2024IN THE MATTER OF:

Daulat Leasing & Finance Pvt. Ltd. ...Appellant(s)

Versus

Sanjeev Mahajan & Ors. ...Respondent(s) Present: For Appellant : Mr. Sanjiv Sen, Sr. Advocate with Ms. Anjali Singh, Mr. Pragyan Mishra, Mr. Ankur Goel, Advocates For Respondents :

ORDER

(Hybrid Mode) 07.08.2024: Heard Mr. Sanjiv Sen, Ld. Sr. Advocate for the Appellant.

2. This appeal has been filed by an Operational Creditor challenging the

order of Adjudicating Authority dismissing the IA No.2593/2023 which was

filed by Mr. Sanjeev Mahajan Ex-Promoter of the corporate debtor which

application has been rejected by the impugned order.

3. Mr. Sanjeev Mahajan himself has filed an appeal against the order

Company Appeal (AT) (Ins) No. 1420 of 2024 challenging the said order which

is being heard.

4. We are of the view that at the instance of the operational creditor we

cannot entertain this appeal, since the applicant who has filed the application

has already challenged the order in appeal No. 1420/2024. -2-

5. Due to above reason, we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

sr/nn Comp. App. (AT) (Ins) No. 1551 of 2024

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