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Glukrich Capital Pvt.Ltd vs Sapan Mohan Garg Rp Leading Hotels ...

National Company Law Appellate Tribunal13 September 2022

Ratio decidendi

The rule this decision rests on

A person who was not a party to an application before the Adjudicating Authority, and whose application was not the one dismissed, is not a "person aggrieved" by that dismissal and has no locus to appeal against the order under the Insolvency and Bankruptcy Code, 2016 framework.

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. 1073 of 2022IN THE MATTER OF:

Gluckrich Capital Pvt. Ltd. ...Appellant

Versus

Sapan Mohan Garg Resolution Professional Leading ...Respondent Hotels Ltd.

Present:

For Appellant: Advocate Apoorv Rastogi For Respondent:

ORDER

13.09.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the Order dated 11th July, 2022

passed by the National Company Law Tribunal, New Delhi, Principal Bench.

By which Order, the Adjudicating Authority has dismissed I.A.-779/2022 filed

by the Yes Bank Pvt. Ltd. consequently the Interim Order dated 01.04.2022

also came to an end. The Appellant aggrieved by the said Order, has come up

in this Appeal.

3. Learned Counsel for the Appellant contends that the assets of the

Corporate Debtor were the only property and in view of the vacation of the

Interim Order, prejudice will be caused to the Appellant.

4. We have considered the submissions of the Appellant and have perused

the record.

-2-

5. The Interim Order dated 01st April, 2022 was passed on an I.A. filed by

the Yes Bank being I.A. No. 779/2022 which having been dismissed by the

Impugned Order, Appellant can not be said to be aggrieved by the dismissal of

the Application since it was not the Applicant's application which got

dismissed. Appellant in no manner was party to the said application hence we

see no reason to entertain the Appeal at the instance of the Appellant. The

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 1073/2022

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