2022 (4) TMI 651

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... [Dr. Alok Srivastava] Member (Technical) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Aadil Khan, Nainshree Goyal, Ekta Rai, Mr. Shashank Agarwal, Advocates For the Respondent : Mr. Kinshul Chatterjee, Mr. Srishti Gupta, Advocates ORDER ( Virtual Mode ) Heard Mr. Aadil Khan, Advocate for the Appellant and Mr. Kinshul. Chatterjee, Advocate for the Respondent. 2. This A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icing the aforesaid fact, the Application filed under Section 9 of the Code was closed giving liberty to the Petitioner to file their claims before the Insolvency Professional in the proceedings. Subsequently, an Application was filed by the Operational Creditor praying for modification of the Order dated 20th December, 2021 being I.A. No. 6010 of 2021 wherein following prayers were made by the Op....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....evived by the Impugned Order. 4. Learned Counsel for the Appellant challenging the Order contends that the Application of the Operational Creditor was only for modifying the Order dated 20th December, 2021 to the extent that liberty be granted to the Operational Creditor to revive the Petition in the event any Settlement is reached between the parties in CP (IB) No. 813/2020. It is submitted that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder dated 20th December, 2021, the Operational Creditor filed the I.A. No. 6010 of 2021 for modification of the Order but till the time modification came to be considered by the Adjudicating Authority, Adjudicating Authority was aware that CIRP in CP(IB) No. 813/2020 has already been closed hence there was no impediment in reviving the Application. It is true that I.A. 6010/2021 only praying for ....