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2021 (9) TMI 523 - AT - Insolvency and BankruptcyMaintainability of appeal - appeals are filed by Directors of this company - continuation of proceedings of suits against the company when insolvency resolution is in process - HELD THAT:- The movement an order is passed referring the assessee for resolution u/s seven of the IBC 2016, the administration of the company rest with the insurance resolution professional. In this case, these appeals are filed by the directors of the company therefore, they are not maintainable. Therefore, these appeals should have been preferred by the insolvency resolution professional under the instruction of committee of the creditors and the directors do not have any locus standi. The adjournment application of the assessee is rejected - appeals are dismissed as not maintainable with a liberty to the IRP that if he wants to prefer these appeals, he may file the fresh appeals or makes an application for restoration of these appeals with the approval of committee of creditors. The third appeal is filed by the learned assessing officer, according to the provisions of Section 14 of IBC 2016, no proceedings of suits against the company can continue until the insolvency resolution process is complete. Therefore, the appeal filed by the learned AO is also deserves to be dismissed with a liberty to the AO that he may file an application for recall of this order after the moratorium period is over. Appeal dismissed.
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