TMI Blog2020 (2) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... tion which was before the Court was whether the Section 34 can be proceeded with in view of the objection taken by the petitioner that the respondent /award-holder has not filed any claim in the resolution proceedings before the National Company Law Tribunal (NCLT). It may also be pointed out that the entire discussion in the order with regard to the said issue was by reason of the protracted subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner/award-debtor Mr.Sudip Deb, Adv. Mr.D.Jain, Adv. for respondent /award-holder ORDER The Court : This application is by the petitioner /award-debtor for recalling of an order passed by this Court on 10th January, 2020 by which the petitioner /award-debtor was disallowed from taking recourse to the provisions of The Insolvency and Bankruptcy Code, 2016 (IBC) for delaying the hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner warranting recalling of the order impugned. Having heard learned counsel for the parties and upon a careful reading of paragraph 10 of the order, there does not appear to be any finding in the said paragraph or the award being binding on the petitioner or any suggestion to that effect. A portion of paragraph 10 which is the crux of the objection is set out for clarity : It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o further embargo remains for continuing to hear suits and other proceedings to which the Corporate Debtor (the petitioner in this case) is a party. The above extract would show that the only question which was before the Court was whether the Section 34 can be proceeded with in view of the objection taken by the petitioner that the respondent /award-holder has not filed any claim in the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... award cannot therefore be accepted. If no view has been expressed on the merits of the award, such apprehension is misplaced. GA No. 188 of 2020 is dismissed in view of the above reason. The prayer of learned counsel for the respondent /award-holder that costs are be imposed on the petitioner for the frivolity of the application is considered and rejected. Since no affidavit has been called f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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