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2025 (7) TMI 288

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....poor, Advocates for RP. Mr. Krishnendu Dutta, Sr. Advocate with Mr. Harsh Gurbani, Advocates for CoC ORDER ( Hybrid Mode ) Heard counsel for the appellant. 2. This contempt case has been filed praying for initiation of contempt proceedings against the respondents for non-compliance of the order dated 15.12.2022 passed in Comp. App. (AT) (Ins.) No. 14/2022. 3. The above appeal was filed by the GP Global Energy Private Limited the earlier Resolution Applicant challenging the order passed by the adjudicating authority dated 01.11.2021 by which approval granted to the Successful Resolution Applicant (SRA) was cancelled and the amount deposited has been forfeited. The appeal was decided by this Tribunal by order dated 15.12.2022 and in th....

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....e the process within two months thereafter. The period of CIRP shall be treated to have been extended till then. 5. The grievance of the appellant is that this Tribunal directed for decision of CA No. 1/2018 which related to 5th floor of the hotel of the corporate debtor and the said application has not been decided as on date and the RP and CoC has proceeded with the CIRP by inviting a fresh Expression of Interest (EoI) and have violated the order. 6. Learned counsel for the applicant has further referred to order of this Tribunal dated 09.02.2024 in I.A. No. 541/2024 and order dated 25.07.2024 passed in I.A. 5158/2024. It is useful to notice order dated 25.07.2024 which was filed by the CoC of the corporate debtor where this Tribunal p....

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....ate all details of litigation including the pendency of I.A. No. 6139/2023 which relates to dispute regarding the 5th Floor of the Hotel while inviting the fresh Form-G. It is submitted that however, in view of the Application 1219/2024 being pending, the RP is unable to issue any Form-G. 4. In facts of the present case, we are of the view that interest of justice being served disposing the Appeal requesting the Adjudicating Authority to pass orders on the I.A. 1219/2024 on the date fixed or as early as possible. With these observations, we dispose of the Appeal. Learned Counsel for the Appellant submits that in view of the clarification issued by this Tribunal on 09.02.2024 the pendency of CA 01/2018 is not an impediment in issuan....