2022 (2) TMI 146

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.... dated 08.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench-II by which order petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("Code" for short) filed by the Respondent No.1 has been admitted. Application at the earlier round was rejected by the Adjudicating Authority against which an Appeal was filed in this Appellate Tribunal which Appeal was allowed by judgment and order dated 19.12.2018. Against which order, Appellant before us has filed a Civil Appeal No. 8289 of 2019 before the Hon'ble Supreme Court which was dismissed by judgment dated 08.11.2019. The matter was thereafter taken by the Adjudicating Authority again and by the impugned judgment the Application under Secti....

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....in its impugned judgment which is to the following effect:- "17.04.2019 Heard. Petitioner has filed this writ petition to quash the assignment agreement and direct the opposite party-bank to allow the petitioner to exercise its right of redemption at the assignment value. Learned counsel for the petitioner submitted that petitioner is ready and willing to settle the matter by giving a proposal to the opposite party-bank authority in view of subsequent development made during pendency of the writ petition. Considering the above, in case the petitioner gives a proposal to the opposite party-bank authority within a period of ten days from today to settle the dispute in such event the opposite party-bank authority shall consider the off....

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....289/2019 has also been extracted by the Adjudicating Authority in its order, which is to the following effect:- "1. Learned senior counsel appearing for the appellant has submitted that the direction has been issued to admit the appeal and there are certain objections to be raised by the appellant. 2. The appellant is free to raised objections, which are permissible, in accordance with law. 3. The appeal is, accordingly, dismissed. 4. Pending application(s), if any, shall stands disposed of." 8. The Appeal was dismissed by the Hon'ble Supreme Court affirming the judgment of this Appellate Tribunal meaning thereby the view of the Appellate Tribunal that Application is not barred by time was upheld. The fact that liberty was granted ....