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2021 (4) TMI 773 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , NEW DELHIMaintainability of Appeal - locus standi of the Appellant for filing the appeal - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt and dispute or not - service of demand notice - HELD THAT:- In view of the provision under Section 61(1) of IBC that any person aggrieved by the order of the Adjudicating Authority may prefer an appeal, the Appellant has not been able to show as to how she is aggrieved by the Impugned Order and is an interested party for preferring this appeal. Moreover, since the authorised representative of the Corporate Debtor in the matter that was filed before the Adjudicating Authority has chosen not to file any appeal against the Impugned Order it was necessary for the Appellant to establish her locus standi for filing this appeal. The Appellant is unable to establish how she is aggrieved by the Impugned Order, and, therefore, her locus standi in filing this appeal. The appeal is thus not maintainable as it doesn’t satisfy the criterion for preferring an appeal, as set out in Section 61(1) of the IBC. Appeal dismissed.
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