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2021 (10) TMI 819 - Tri - Companies LawSeeking exemption to Applicant from servicing any loans to IL&FS in terms of the Corporate Debtor Restructuring dated 02.12.2011, pending disposal of application on the file of this Hon'ble Tribunal - HELD THAT:- It is a fact borne on record that the Appeal against the order passed by this Tribunal is pending adjudication before Hon'ble Supreme Court of India. Hence the prayer as sought for by the Applicant for early disposal of CA/32/2010 is premature, since the Hon'ble Supreme Court Is seized of the said matter and yet to pass a final order in CA/47/2011 and CA/101/2011 which is interconnected with CA/32/2010. Hence the prayer as sought for in (b) stands rejected. The Applicant ought not to have filed the present Application before this Tribunal seeking similar relief. It seems like the Applicant is indulging in forum shopping and also filing multiple applications before different fora seeking similar relief and such a practice is required to be deprecated. Further, the moratorium imposed by the NCLAT vide its order dated 15.10.2018 is still in vogue and the Applicant who is well aware of the said order passed by the Hon'ble NCLAT has preferred to file application seeking relief as against the 5th Respondent. In all respects the Application filed by the Applicant deserves to be dismissed on the issue of maintainability, without going into the merits of the case - application dismissed.
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