Hira Lal & Sons vs Mr Anish Niranajan Nanavaty

Hira Lal & Sons ...Appellant

Versus

Anish Niranajan Nanavaty ...Respondent

Present: For Appellant: Mr. Chirag Kumar, Mr. Shashank Pandey, Advocates. For Respondent: Ms. Charu Bansal and Ms. Mehak Nayak, Advocates for Erstwhile RP.

ORDER

(Hybrid Mode)

01.03.2024: I.A. No. 1562 of 2024: By this application the Applicant

has prayed for following reliefs:

"a) Direct the Respondent RP to immediately comply with the terms of the Order dated 11-10-2023 passed by the National Company Law Tribunal, Mumbai Bench- IV and Order dated 14-12-2023 passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi;

b) Direct the Respondent RP to immediately release an amount of INR 83,90,306.65/- (Indian Rupees Eighty-Three Lac Ninety Thousand Three Hundred Six and Sixty-Five Paisa only) including Goods and Service Tax (GST) due towards CRIP cost as on 31-01-2024 and continue to release the CIRP cost for the period commencing from 01-02-

2024 in a regular and timely manner; and

c) Direct the Respondent RP to admit the amount of INR 4,34,137.23/- (Indian Rupees Four Lac Thirty-Four

Cont'd.../ -2-

Thousand One Hundred Thirty-Seven and Twenty-Three Paisa only) as Goods and Service Tax (GST) due and applicable on the admitted Claim amount, and accordingly amend the admitted amount of the Applicant; and

d) Pass such further order this Hon'ble Appellate Tribunal may deem fit and proper in the facts and circumstances of the instant case."

2. This Appeal has been finally disposed of by our order dated 14.12.2023.

Appeal having already being disposed of, we see no occasion to entertain this

application.

3. Learned counsel for the Applicant submits that inspite of order of this

Appellate Tribunal and order of the Adjudicating Authority, CIRP cost has not

been paid.

4. We are of the view that it is open for the Applicant to file appropriate

application before the Adjudicating Authority, who may consider the same

and pass appropriate order. We are not inclined to entertain this application

filed in a disposed of appeal. Application is disposed of, with these

observations.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Indevar Pandey] Member (Technical) Archana/nn

I.A. No. 1562 of 2024 in Company Appeal (AT) (Insolvency) No.1603 of 2023