Sahil Arora vs M/S. Findoc Finvest Pvt. Ltd. & Anr

Shagun Ajmani ....Appellant

Vs.

Indoc Finvest Pvt. Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Anuj Tiwari, Mr. Utkarsh Gupta and Ms. Diksha Gupta, Advocates For Respondent: Mr. Abhishek Sharma, Mr. Raghav Mittal and K. Sinha, Advocates for Financial Creditor Ms. Neha Bhasin, Advocate for R-2 CA Ashi Jain for RP

With

Comp. App. (AT) (Ins) No.614 of 2024 IN THE MATTER OF:

Sahil Arora ....Appellant

Vs.

Indoc Finvest Pvt. Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Anuj Tiwari, Mr. Utkarsh Gupta and Ms. Diksha Gupta, Advocates For Respondent: Mr. Abhishek Sharma, Mr. Raghav Mittal and K. Sinha, Advocates for Financial Creditor

ORDER

(Hybrid Mode)

2.4.2024 - These two Appeals have been filed by the personal guarantor and Ex-Director against the order of the Adjudicating Authority dated 7th March, 2024 by which Adjudicating Authority has appointed the Resolution Professional 2

and directed the RP to submit its report. Learned Counsel for the Appellant sought to challenge the Order on several grounds including that the service of the application was not done on the Appellant. The Judgement of the Hon'ble Supreme Court, which has been referred in the Impugned Order in the matter of "Dwarka B Jiwrajka v Union of India & Ors." laid down that adjudication stage is only a stage when application comes for admission or rejection under Section

100. It is open for the Appellant to file objections to the report of the RP when it is served on the Appellant and take all issues as available to the Appellant. At this stage, we are not inclined to entertain these Appeals leaving liberty to the Appellant to raise these issues before the Adjudicating Authority.

With these observations, these Appeals are dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical) rs/nn

Comp. App. (AT) (Ins) No.613 & 614 of 2024