Om Prakash Agaarwal vs Indian Bank
- CitationCompany Appeal (AT) (Insolvency) No. 403 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's order contains no ratio decidendi that can be extracted from its text. The appeal was dismissed after the Appellant's counsel's submissions, with liberty granted to file objections to the Resolution Professional's report within two weeks. The order records the Appellant's contention that objections should be considered at the Section 100 stage, citing Dilip B. Jiwrajka, but does not state any reasoning or principle of its own in reaching that disposal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Om Prakash Agaarwal ...Appellant(s)
Versus
Indian Bank ...Respondent(s)
Present: For Appellant : Mr. Karan Chahar, Mr. S.K. Singhi, Mr. Ankur Singhi, Mr. Akshay Singhi, Ms. Sindhiya Rastogi, Ms. Sneha Singh, Advocates For Respondents :
ORDER
(Hybrid Mode)
13.03.2024: Heard Learned Counsel for the Appellant.
2. This Appeal has been filed against the Order dated 04th January, 2024
passed by the Adjudicating Authority by which Resolution Professional was
appointed under the Section 95 Application.
3. Learned Counsel for the Appellant submits that Resolution Professional
has filed a Report where there are several discrepancies in view of the
Judgment of the Hon'ble Supreme Court in Dilip B. Jiwrajka Vs. Union of
India & Ors., the objections and issues has to be considered at the time of
order under Section 100 admitting or rejecting the Application. 2
4. Appellant is also entitled to file Objection to the Report of the Resolution
Professional. We permit the Appellant to file objection to the Report within two
weeks from today.
Subject to above, the Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Basant/nn
Company Appeal (AT) (Insolvency) No.403/2024
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