Lalit Gulati vs Sanjeev Mahajan & Ors
- CitationComp. App. (AT) (Ins) No. 1550 of 2024
Ratio decidendi
The rule this decision rests on
An appeal filed by a party who did not move the underlying application is not maintainable at the instance of that party where the applicant on that application has itself already challenged the same order in a separate appeal, and the appeal is accordingly dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Lalit Gulati ...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. 1550 of 2024
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