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Lyka Labs Limited vs Mrs Priti Bhupesh Shah

National Company Law Appellate Tribunal19 September 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The order contains a single stated line of reasoning: an appeal challenging a subsequent order that closed the proceedings is not maintainable in the absence of any challenge to the earlier order by which the proceedings were withdrawn, so no ground for interference is made out; and the closure of Section 7 proceedings does not preclude the appellant from pursuing remedies already initiated and available under law.

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. 1759 of 2024&I.A. No. 6418 of 2024

IN THE MATTER OF: Lyka Labs Ltd. ...Appellant Versus Mrs Priti Bhupesh Shah Since deceased ...Respondents Through her Legal Representatives & Ors.

Present: For Appellant : Mr. Gaurav Mitra, Sr. Advocate with Mr. Kartik Nagarkatti, Mr. Sanidhya Kumar, Ms. Aishwarya Modi Seth, Mr. Rashid Boatwalla and Ms. Garima Jain, Advocates.

For Respondents : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Ayush J. Rajani, Advocates.

ORDER

(Hybrid Mode)

19.09.2024 : Heard Counsel for the Appellant as well as Counsel for the

Respondent.

2. This Appeal has been filed against an Order dated 11.07.2024 passed

by the Learned Adjudicating Authority (National Company Law Tribunal,

Ahmedabad, Division Bench, Court - I). Adjudicating Authority passed an

Order withdrawing the CIRP Order dated 16.05.2024 and disposing the

Petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, (for

short `The Code').

3. By the Order dated 16.05.2024, the Adjudicating Authority has directed

the amount of Rs. 81,15,000/- be deposited with Bank of Baroda in a Fixed Deposit. The Corporate Debtor had deposited the said amount, Adjudicating

Authority took Notice of that and withdrew the CIRP Proceedings and close

the Section 7 Application.

4. The said Order has been challenged in this Appeal.

5. Learned Sr. Counsel Mr. Gaurav Mitra appearing for the Appellant

submits that Appellant does not want the CIRP to begin and however they

have already filed suits for recovery which are proceeding.

6. Learned Sr. Counsel Mr. Abhijeet Sinha appearing for the Respondent

submits that when the Appellant is not aggrieved by the main Order

withdrawing the CIRP, there is nothing in the Appeal to be considered and

Appeal deserves to be dismissed.

7. We have considered the submissions of Counsel for the Parties and

perused the record.

8. From the Order dated 11.07.2024, which is subsequent Order closing

the CIRP in view of the deposit and release of the amount the earlier Order

16.05.2024 has been withdrawn by the Impugned Order. The CIRP has been

withdrawn which Order is not even been questioned before in this Appeal.

9. We are of the view that no grounds are made out to interfere with the

Order dated 11.07.2024 passed by the Adjudicating Authority. We however

observe that the closure of the Proceedings under Section 7 shall not preclude

the Appellant to pursue such remedies already initiated and proceeding as

available in the law.

Comp. App. (AT) (Ins.) No. 1759 of 2024 & I.A. No. 6418 of 2024 2 of 3 With these observations, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 1759 of 2024 & I.A. No. 6418 of 2024 3 of 3

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