Pravir Krishak vs Bank Of Baroda & Another
- CitationCompany Appeal (AT) (Ins) No. 1459 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal may recall and set aside its own disposal order, and restore a previously disposed appeal to its original number for hearing on merits, where the order rested on a premise (that a settlement would be followed by a Section 12A application) which has not materialised because the step it contemplated could not be taken.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Pravir Krishak, ...Appellants Suspended Director of C-Net Infotech Pvt. Ltd. Versus Bank of Baroda & Anr. ...Respondents
Present: For Appellant : Mr. Kunal Tandon Sr. Advocate with Ms. Abiha Zaidi, Mr. Pritam Raman Giriya, Ms. Natasha, Ms. Shreni Taran and Ms. Pragya Samal, Advocates. For Respondents : Mr. Abhishek Naik and Ms. Gulafsha Kureshi, Advocates for R1.
ORDER
(Hybrid Mode)
13.11.2025: This application has been filed by the appellant praying for
following reliefs:-
" PRAYERS
34. In view of the above, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to:
a. Allow the present Interlocutory Application under Rule 31 read with Rule 11 of the National Company Law Appellate Tribunal Rules, 2016 on behalf of the Appellant/ Applicant;
b. Restore Company Appeal (AT) (Insolvency) No. 1459 of 2025 to its original number for hearing on merits;
c. Pending disposal of the present Interlocutory Application, direct that no further steps be taken in the CIRP, including any CoC meeting or decisions, and that Respondent No. 2 maintain status quo ante concerning the affairs and assets of the Corporate Debtor; and/or
d. Pass any other order that this Hon'ble Tribunal may deem fit in the interest of justice."
The appeal came to be heard by this Tribunal on 06.10.2025 on which
date appeal was disposed of by following order :-
"O R D E R (Hybrid Mode) 06.10.2025: Learned counsel for the Appellant submits that Appellant has already entered into settlement with Bank of Baroda. Learned counsel for the Bank of Baroda submits that settlement has been taken between the parties and Bank of Baroda shall file appropriate application under Section 12A for withdrawal of the CIRP.
In view of the aforesaid, we see no reason to keep the appeal pending. Appeal is disposed of with liberty to the Bank of Baroda to file application under Section 12A in accordance with law. It shall be open for the parties to request the Adjudicating Authority to dispose of the application under Section 12A at an early date. Appeal is disposed of accordingly."
Ld. Counsel for the appellant submits that even thought appellant has
paid the amount of Rs.10,00,000/- as part payment of the OTS but the Bank
of Baroda has neither filed any application under 12A nor given Form-FA to
2 of 3 Restoration Application (AT) No. 26 of 2025 in Company Appeal (AT) (Ins) No. 1459 of 2025 the IRP. Ld. Counsel for the BoB submits that the said the application could
not be filed since Committee of Creditors was constituted on 06.10.2025.
Ld. Counsel for the appellant submits that in view of the fact that order
dated 06.10.2025 has not fructified since no application could be filed, the
appeal needs to be revived and heard. In view of the aforesaid, we revive the
appeal on its original number, recall the order dated 06.10.2025.
As prayed, list this appeal on 21.11.2025.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
3 of 3 Restoration Application (AT) No. 26 of 2025 in Company Appeal (AT) (Ins) No. 1459 of 2025
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