Right to file objections in insolvency proceedings protected, with further process stayed until objections are considered.

Proceedings under the Insolvency and Bankruptcy Code were kept open for the appellant to file objections, as the record noted complaint of non-service of the application and inability to place objections, including a no-objection communication. The appellate forum did not examine the merits and instead directed that the Adjudicating Authority consider the objections before moving further in the Section 95 process. Pending that consideration, the resolution professional was restrained from submitting any report.

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Issues: Whether the appellant should be permitted to file objections in proceedings under Section 95 of the Insolvency and Bankruptcy Code, 2016, and whether the interim process should continue without consideration of such objections.

Analysis: The order records that the matter before the Adjudicating Authority was listed for further consideration and that the appellant had complained of non-service of the application and inability to place objections, including a no-objection communication. To avoid further delay and without expressing any view on merits, the appeal was disposed of with liberty to file objections before the Adjudicating Authority, which was to consider them before proceeding further. In the meantime, the report of the resolution professional was restrained.

Outcome: The appellant was granted liberty to file objections, the Adjudicating Authority was directed to consider them before proceeding further, and the resolution professional was restrained from submitting any report in the meantime.

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