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2022 (11) TMI 839

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....ns) No.407/2022 as an 'Aggrieved Person', on being dissatisfied with the 'impugned order' in IA Nos.295/2021 & 121/2022 in CP (IB) No.165/BB/2018 dated 20.07.2022, passed by the 'Adjudicating Authority' (National Company Law Tribunal, Bengaluru Bench, Bengaluru). The 'Adjudicating Authority', (National Company Law Tribunal, Bengaluru Bench, Bengaluru), while passing the 'impugned order' in IA Nos.295/2021 & 121/2022 in CP (IB) No.165/BB/2018 on 20.07.2022, among other things had made the following observations: - "All the Financial Creditors are directed to pay the dues of erstwhile RP within two weeks and file the receipt of payment, if may, proportionately within three weeks." and directed the 'Listing' of the matter on 24.....

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.... fact that the 'Appellants' / 'Respondents' had brought it to the notice of the 'Adjudicating Authority', (National Company Law Tribunal, Bengaluru Bench, Bengaluru) of the IBBI dated 12.06.2018, as aforesaid, the 'Adjudicating Authority' (National Company Law Tribunal, Bengaluru Bench, Bengaluru) had directed the 'Appellants' / 'Respondents', to pay the 'Dues' of the 'Insolvency Resolution Professional', within 'Two Weeks', (from 20.07.2022) and file the 'Receipt of Payment', if suppose made within 'Three Weeks' and hence, the 'Appellants' / 'Respondents' are saddled with Harsh and Burdensome order thereby, their rights are prejudiced and affected. Added further, the Learned Counsels appearing for the 'Appellants' / 'Respondents' advert....

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.... The Learned Counsel for the 'Appellants' points out that the 'Adjudicating Authority' (National Company Law Tribunal, Bengaluru Bench, Bengaluru) made an 'oral observation', at the time of passing the 'impugned order' on 20.07.2022 that if the dues are not paid and the order dated 20.07.2022 is not complied with, then, 'Contempt Proceedings' will be initiated against the 'Appellants'. It is represented on behalf of the '1st Respondent' / 'Resolution Professional' by the Learned Counsel Mr. Abhishek Anand that the Fees of the 1st Respondent / Resolution Professional have been approved by the 'Committee of Creditors' and therefore, the 'Appellants' will be estopped from raising 'objections' before the 'Adjudicating Authority', (National C....