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2022 (5) TMI 1208

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..... ake full compliance of this Tribunal order dated 23.8.2021 within two weeks' time, failing which the Applicant shall be at liberty to move appropriate application seeking further orders/directions as per law. Petition disposed off. - IA No. 5137/2021 in IB-1411/ND/2018 - - - Dated:- 13-5-2022 - Bachu Venkat Balaram Das, Member (J) And Narender Kumar Bhola, Member (T) For the Appellant : Prachi Johri, Advocate For the Respondents : Hemant Gupta, Alok Sharma, Rakesh Dahiya, ETO, Advs. and Zoheb Hosain, Sr. Standing Counsel ORDER Narender Kumar Bhola, Member (T) 1. IA-5137/2021 is filed by the Applicant/Resolution Professional seeking enforcement of order dated 23.08.2021 passed by this Hon'ble Adjudicating .....

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..... e Respondents vide email dated 03.09.2021. The Resolution Professional was shocked to note non-compliance of binding order by the Respondents. Thereafter vide multiple follow ups, the Resolution Professional had requested the early compliance of the said order by Respondents. The Resolution Professional had also shared a copy of the said order dated 23.08.2021 passed by this Hon'ble Authority with the counsels of the Respondents. However, neither compliance has been made of the order dated 23.08.2021 nor any communication at all has been received by the Resolution Professional from either of the Respondents. c. Therefore, urgent directions are required to be passed in the present matter for enforcement of order dated 23.08.2021 aga .....

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..... me and have stalled and not fulfilled their obligations. Therefore, the present application is necessitated in these circumstances. 3. The counsel on behalf of the respondent no. 1 submitted that the department is in the process of filing the appeal against order dated 23.08.2021, therefore, prayed for adjournment. However, this Adjudicating Authority is not convinced with the submission of the counsel and same is rejected. 4. The Counsel on behalf of Respondent No. 2 submitted that the Income Tax Department has already filed an appeal against the impugned order and notice was issued by Hon'ble NCLAT vide order dated 12.01.2022 Comp. App. (AT) (Ins.) No. 32 of 2022. 5. The fact that Respondent No. 2 has filed an appeal against .....

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