Kishore Dhanji Gangar vs Pentech Metals Limited
- CitationCompany Appeal (AT) (Insolvency) No. 41 of 2025
Ratio decidendi
The rule this decision rests on
Where the Adjudicating Authority has dismissed the Section 95 application and has already expunged the observations made against the Personal Guarantor, an appeal against the earlier order cannot be sustained, and no further clarification is required in appeal; the appeal is therefore dismissed as serving no purpose.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Kishore Dhanaji Gangar ...Appellant
Versus
Pentech Metals Ltd. & Ors. ...Respondents
Present: For Appellant : Abhishek Anand, Advocate
For Respondent : None
ORDER
(Hybrid Mode)
31.01.2025 This Application has been filed by the Personal Guarantor
challenging an order dated 09.10.2024 passed by Adjudicating Authority. By
order dated 09.10.2024, the Adjudicating Authority has already expunged
paragraph 14 of the order where certain observations were made against the
Personal Guarantor.
By an order dated 21.08.2024 the Adjudicating Authority has rejected
Section 95 Application filed by the Operational Creditor. Adjudicating
Authority held that Application filed by Operational Creditor is without any
merit, when the Application which has been filed by the Operational Creditor
has been dismissed and paragraph 14 of the order has already been
expunged, we see no reason to entertain this Appeal. Appeal is dismissed.
We further clarify that paragraph 14 have already been expunged, the
observation that there was collusion in the petition has already been
expunged. We thus do not find any further clarification required in appeal.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) pks/nn
Company Appeal (AT) (Insolvency) No.41 of 2025 2 of 2
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