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2022 (1) TMI 571 - AT - Insolvency and BankruptcyPreferential transaction - Maintainability of the Avoidance Application - ‘Corporate Debtor’ constitute ‘preferential transaction’ as per Section 43 of the I&B Code or not - no contention can be raised that the shares are an asset of the ‘Corporate Debtor’ and that they were taken over by the Resolution Plan - HELD THAT:- This ‘Tribunal’ opines that there shall be ‘no interim order’ and that the contentious factual and legal issues/controversies (centring around the Appeals), require a detailed final hearing, of course, after providing due opportunities to all the parties (including unserved Respondents) to complete the pleadings, in the instant Appeals, like filing of ‘Replies, Rejoinders’, etc. Let notice be issued to Respondent No.4 to 11 in Comp Appeal (AT)((CH)(Ins) No.1/2022 and Respondent No.3 to 9 in Company Appeal (AT)(CH)(Ins) No.9/2022 through speed post returnable on 29.2.2022. Requisites alongwith process fee be paid within three days from today. If the Appellant provides the Emails ID of the Respondents, let notice be issued through Email also. The Office of the Registry is directed to List the matter on 28.02.2022.
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