TMI Blog2019 (4) TMI 2081X X X X Extracts X X X X X X X X Extracts X X X X ..... the application by non-allottee under Sections 7 or 9 may not wait the decision of the Hon'ble Supreme Court wherein the question of the Explanation below of Section 5(8) is under consideration. The appeal is adjourned - Place this appeal for orders on 15th May, 2019. - Company Appeal (AT) (Insolvency) No. 107 of 2019 - - - Dated:- 15-4-2019 - S.J. Mukhopadhaya, J. (Chairperson), A.I.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations. It has been brought to our notice that many of them moved before the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, for initiation of 'Corporate Insolvency Resolution Process' against the 'Corporate Debtor'. In some of the cases, in view of initiation of 'Resolution Process' made pursuant to the impugned order dated 24th January, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manish Kumar Pandey (C.P. (IB) No. 497(PB) of 2019), Mr. Sandeep Khattar and Nirvana Corporate Services Pvt. Ltd. (C.P. (IB) No. 512(PB) of 2019) and Mr. Varun Kushal Ors. (C.P. (IB) No. 513 (PB) of 2019) etc. Those petitioners are not party Respondents in the aforesaid Writ Petition which is pending before the Hon'ble Supreme Court. 5. In view of the aforesaid fact, we are of the opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. 8. However, we do not want to express any opinion, till it is made known that any of the applicant is a 'Financial Creditor' or 'Operational Creditor' but not an allottee. In such cases, the application by non-allottee under Sections 7 or 9 may not wait the decision of the Hon'ble Supreme Court wherein the question of the Explanation below of Section 5(8) is under cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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