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2021 (7) TMI 557 - Tri - Insolvency and BankruptcySeeking intervention in support of application filed by Ex Resolution Professional under section 66 read with section 43 of IBC, 2016 - seeking to allow the applicants access to all the reports, findings and other documents - HELD THAT:- The judgment of the Hon'ble High Court of Delhi in M/S. VENUS RECRUITERS PRIVATE LIMITED VERSUS UNION OF INDIA AND ORS. [2020 (11) TMI 850 - DELHI HIGH COURT], wherein the Hon'ble High Court decided the question of whether an application filed under Section 43 of the Code, for avoidance of preferential transactions, can be adjudicated upon by the National Company Law Tribunal (NCLT), after the approval of a resolution plan and conclusion of CIRP. It is clearly evident from the aforesaid judgment that once the Resolution plan of a Resolution Applicant is approved it cannot file an avoidance application under section 43 of IBC, 2016. It is pertinent to mention that the case in hand where the applicant No. 1 is the successful resolution applicant seeking to intervene in the Avoidance application filed by the erstwhile Resolution professional prior to the approval of resolution plan is not maintainable and no direction prayed in the present application can be granted to the applicants. Application dismissed.
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