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2022 (2) TMI 676 - AT - Insolvency and BankruptcyMaintenance of status quo - main petition has not yet been considered - difference of opinion - HELD THAT:- The effect of the proceeding is that the main Company Petition has not been finally heard due to the facts noticed in the order of both Division Bench and Single Member. The order of this Tribunal dated 24.08.2020 is clear that the matter is to be placed before a Bench comprising of Judicial Member or Technical Member, therefore, the matter ought to have been placed before a Bench comprising of Judicial Member or Technical Member for deciding the main Company Petition. The original order dated 30.01.2020 clearly records that the Judicial Member has recused, hence that order cannot be read any difference of opinion. After refusal there are no two opinions available to find out any difference of opinion. The matter has to be listed before a Bench consisting of Judicial Member and Technical Member as has already been held by this Tribunal in its judgment dated 24.08.2020 - the Learned President of the NCLT may take appropriate Administrative decision for listing the matter before a Bench consisting of Judicial Member and Technical Member. The copy of this order be placed by the Registrar before the Hon’ble President for passing appropriate order within a week from today. The Adjudicating Authority in the impugned order has noticed the aforesaid fact that matter is still awaiting order of the President, hence, during this status quo has to be maintained. There are no reason to entertain this Appeal against the said order which is order of interim nature and is subject to any further order passed by the Adjudicating Authority - Appeal is disposed off.
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