TMI Blog2017 (11) TMI 1896X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal and the Adjudicating Authority remitted the matter to the Resolution Professional and Committee of Creditors to decide the application of the appellant, which was supposed to be decided by the Adjudicating Authority. For the said reason, the appellant-Exim Bank has challenged the order dated 27th October, 2017 whereby the Resolution Professional and Committee of Creditors have been asked to take collective decision. Thus, the final decision in terms of the order of this Appellate Tribunal dated 18th September, 2017 is to be taken by the Adjudicating Authority, which cannot abdicate its power by asking other authority to decide the question - the Adjudicating Authority is directed to decide the question as ordered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Bank' for short). While the appellant requested to allow it to continue as a member in the Committee of Creditors, in view of such objection, the appellant-Exim Bank preferred Company Appeal (AT) (Insolvency) No. 188 of 2017, wherein the following order as passed by this Appellate Tribunal on 18th September, 2017 : 3. Having heard learned counsel for the 'Corporate Debtor' and Mr. Rajeev Mehra, Senior Advocate appearing on behalf of the respondent, while we are of the view that appeal at the instance of 'Corporate Debtor' is not maintainable, but make it clear that the Resolution Professional has right to oppose induction of a third party as a creditor. However, in view of the fact that the Exim Bank has been provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior counsel appearing on behalf of the Resolution Professional, we are of the view that the final decision in terms of the order of this Appellate Tribunal dated 18th September, 2017 is to be taken by the Adjudicating Authority, which cannot abdicate its power by asking other authority to decide the question. However, it is always open to the Adjudicating Authority to take opinion from the Resolution Professional or the Committee of Creditors. 6. For the reasons aforesaid, while we observe that the report, if any, filed by the Resolution Professional or the Committee of Creditors is not binding on the Adjudicating Authority or the appellant or any other creditor, direct the Adjudicating Authority to decide the question as ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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