TMI Blog2021 (9) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... the way on interferes with the of appeal pending before the Hon'ble National Company Law Appellate Tribunal for the reason that this Adjudicating Authority not venturing into or transgressing his powers in any manner and this order is confined only to the extent of replacement of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor. The appointment of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor Company is non-est/illegal and ab initio void - Application disposed off. - I.A. No. 85 of 2021 in TCP (IB) No. 41/9/AMR/2021 - - - Dated:- 7-8-2021 - Bhaskara Pantula Mohan, Actg. President For the Appellant : S. Ravi, Senior Counsel For the Respondents : Y. Suryanarayana, Advocate ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Hon'ble Tribunal in compliance with Regulation 5; g. Direct the Liquidator to get the Balance Sheet of the Corporate Debtor audited in accordance with the IBBI Regulations and to provide a copy of the Balance Sheet of the Company to the Applicant; h. Direct the Liquidator to allow stakeholders to visit the plant to verify the condition of the assets, as and when requested. 2. Heard, both the parties. This is an Application filed under Section 34(4)(a) Read with Section 60(5) of IBC, 2016 and also Read with Rule 11 of the NCLT Rules, 2016. The Applicant herein is one Mr. Ramakrishna Indrakanti who was the Equity Shareholder of the Corporate Debtor challenging the very appointment of Mr. Sisirkumar Appikatla as the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppikatla was appointed as the Liquidator who was the erstwhile Resolution Professional for Corporate Debtor and there is no locus vested in the present Applicant to question the appointment of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor. Apart from that lot of water has already flown after the appointment was made and any challenge to the said appointment or to the orders passed by this Adjudicating Authority on 26.05.2020 can be done only under Section 61(1)/(4) of the IBC, 2016 which provides for an appeal before the NCLAT. It is also pointed out that this Adjudicating Authority has no power or authority to modify its own order and has to be done only by way of an appeal by an aggrieved party. 5. In Rejoinder Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor. At the same time I am also very clear that this order shall not come in the way on interferes with the of appeal pending before the Hon'ble National Company Law Appellate Tribunal for the reason that this Adjudicating Authority not venturing into or transgressing his powers in any manner and this order is confined only to the extent of replacement of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor. 8. Therefore, I hold that the appointment of Mr. Sisirkumar Appikatla as the Liquidator of the Corporate Debtor Company is non-est/illegal and ab initio void. 9. The Registry is directed to write to the IBBI immediately, pointing out the repla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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