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2022 (4) TMI 298 - SC - Companies LawSeeking prayer that the socalled counter claims be ordered to be decided before adjudication on the applications - HELD THAT:- The appellant financial creditor attempted to challenge the said order dated 10.08.2021 as passed by the Appellate Tribunal in appeal before us. Having regard to the circumstances, we had passed the said order dated 26.11.2021, as noticed at the outset. It is rather disturbing to note that despite specific orders of the Appellate Tribunal as also of this Court, the Adjudicating Authority has not been able to decide the pending applications and now, the submissions before us on behalf of the respondent No. 1 (applicant) are to the effect that there ought not to be “tearing hurry” in deciding those applications. Such a proposition on the part of the applicant cannot be countenanced, particularly looking to the previous orders passed in the matter - It is also noticed from the record that though we had restored the said appeal before the Appellate Tribunal so that appropriate and necessary orders could be passed, the Appellate Tribunal has chosen not to pass any other order in the matter, for the reason that the present application was said to be pending in this Court. The application so moved by respondent No. 1 of the appeal is specifically rejected - the Appellate Tribunal is requested to immediately take up the appeal for consideration and to pass such orders as may be deemed fit and necessary, keeping in view the observations and expectations in the order passed by this Court on 26.11.2021.
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