Appeal Dismissed in Property Dispute; Status Quo Maintained Pending Further Proceedings

The Appellate Tribunal dismissed the appeal filed by the Resolution Professional against the Adjudicating Authority's order dated 2nd July, 2019, which involved issuing a notice to the Commissioner (Customs) and an interim impugned order. The Tribunal declined to grant a status quo order, leaving the decision to the Adjudicating Authority after hearing the parties. However, it instructed the Deputy Commissioner of Customs not to sell or alienate the property in question to maintain the status quo pending further proceedings.

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Issues involved: Appeal against order dated 2nd July, 2019 issued by the Adjudicating Authority regarding notice to Commissioner (Customs) and interim impugned order.

The judgment delivered by the Appellate Tribunal involved an appeal filed by the Resolution Professional against an order issued by the Adjudicating Authority on 2nd July, 2019. The order pertained to issuing a notice to the Commissioner (Customs) and a subsequent interim impugned order. The Adjudicating Authority directed the Deputy Commissioner of Customs to file a reply affidavit within 7 days upon receiving a copy of the application. The Tribunal declined to pass a status quo order as requested by the applicant, citing uncertainty regarding the current status quo and the appearance of Customs Authorities seeking time to respond. The Tribunal refrained from expressing any opinion on the interim relief sought, leaving it to the Adjudicating Authority to decide after hearing the parties. However, the Tribunal expected the Deputy Commissioner of Customs not to sell or alienate the property in question to prevent the interim application from becoming infructuous. The appeal was disposed of with these observations, emphasizing the need for the Deputy Commissioner of Customs to maintain the status quo pending further proceedings before the Adjudicating Authority.

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