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2019 (10) TMI 1481 - AT - Companies LawValidity of split order - dissenting Financial Creditor raising question with regard to valuation - While one of the Hon’ble Member (Judicial) by impugned order ask for fresh valuation but the other Hon’ble Member (Technical) dissented by separate order - HELD THAT:- Resolution Professional’ should bring this fact to the notice of the said Bench of the Adjudicating Authority comprising of the same Members i.e. Mr. Bhaskara Pantula Mohan, Member (J) and Mr. V. Nallasenapathy, Member (Technical) who will take steps to refer the matter to the third Member in accordance with law and if so required, after necessary permission of the Hon’ble President, National Company Law Tribunal. The ‘Resolution Professional’ will also bring this fact to the notice of the President, National Company Law Tribunal who may pass the appropriate order to place the matter before the third Member. There is a dissenting order passed by the two Members, we are not considering the question of legality and proprietary of the order or the adverse remarks passed against the ‘Resolution Professional’, which is left open for determination by the 3rd Hon’ble Member and if so required later it may be decided by this Appellate Tribunal. Appeal disposed off.
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