Greenopolis Welfare Association vs Pradeep Kumar Kaushik Interim ...
- CitationComp. App. (AT) (Ins.) No. 877 of 2023
Ratio decidendi
The rule this decision rests on
Where the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 has been recalled in appellate proceedings, the corporate insolvency resolution process that was initiated on that admission cannot proceed further, since no order of admission subsists on which it can rest. An application seeking amendment of an earlier order of the Tribunal will not be granted where that earlier order was itself made in consequence of proceedings in the corporate insolvency resolution process that have since lost their foundation, so that the relief sought has no subsisting basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Greenopolis Welfare Association ....Appellant Vs. Pradeep Kumar Kaushik ...Respondents Interim Resolution Professional Three C Shelters Pvt. Ltd. & Ors. For Appellant: For Respondents: Mr. Gaurav Mitra, Mr. Ishan Roy Chowdhury, Mr, Nalin Kohli, Ms. Nimisha Jain, Mr. Ishaan, Ms. Vijeta Singh, Advocates for IRP Mr. Sumesh Dhawan, Mr. Savar Mahajan, Mr. Shrya Mamalwar, Mr. Karan Vir Khosla, Mr. Shaurya Shyam, Advocates. Mr. Sanjiv Sen, Sr. Advocate with Mr. Anurag Chandra, Advocates for Three C Shelters
ORDER
15.09.2023: By this Application, on behalf of Pradeep Kumar Kaushik,
Interim Resolution Professional, following reliefs have been made:-
"a. Allow the present application in terms of the submissions, as stated hereinabove;
b. Pass any other order/(s) as may be deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of the present case and in the interest of justice."
2. In paragraph 5, the Applicant has prayed that the order passed by this
Tribunal dated 19.07.2023 be amended as suggested in paragraph 5. It has 2
been brought to our notice by a subsequent order passed by this Tribunal in
Company Appeal (AT) (Ins.) No.444 of 2022 and other Appeals and by order
dated 28.08.2023, this Tribunal while allowing Company Appeal (AT) (Ins.)
No.444 of 2022 admission of Application under Section 9 has recalled. The
effect of the said order is that the CIRP which proceeded cannot proceed any
further as there being no order of admission subsisting as on date.
3. In view of the aforesaid, we see no reason to grant relief in the
Application as prayed since the order dated 19.07.2023 was in consequence
of proceedings in the CIRP itself.
4. With these observations, we dismiss the Application I.A No.4132 of
2023.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Anjali/nn
I.A. No. 4132 of 2023 IN Comp. App. (AT) (Ins.) No. 877 of 2023
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