2024 (6) TMI 1503

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....>Insolvency & Bankruptcy<br>JUSTICE SHARAD KUMAR SHARMA] MEMBER (JUDICIAL) AND JATINDRANATH SWAIN] MEMBER (TECHNICAL Present : For the Appellant: Mr. E. Om Prakash, Sr. Advocate for Mr. P. Pratab, Advocate. For the Respondent: Mr. Avinash Desai, Sr. Advocate for Operational Creditor Mr. Bhupendra Dave, Advocate for Interim Resolution Professional. ORDER (Hybrid Mode) 1. The Appel....

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....4 as rendered in CP(IB) No. 69/9/HDB/2023. The fact of disclosure of filing of the Writ Petition, was not made by the Counsel for the Appellant during arguments and at the first available opportunity while venturing to present the Appeal on merits. 3. An Appellant cannot be permitted to resort to two simultaneous remedies, for the same cause of action as the same would be an abuse of the proces....