TMI Blog2022 (12) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... in the observation of the Learned Adjudicating Authority that there is no provision in the Code, with respect to impleadment of any Creditor apart from the Creditors who have triggered the CIRP. Needless to ad, the Appellant is at liberty to pursue other legal remedies, if so advised. Appeal dismissed. - COMPANY APPEAL (AT) (INSOLVENCY) NO. 792 of 2020 - - - Dated:- 28-11-2022 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Ratnanko Banerjee, Sr. Advocate with Mr. Arvind Kumar Gupta, Mr. Aditya Krishnamurthy Mr. Ashutosh Tiwari, Advocates. For the Respondents : Mr. Siram Parakkat, Mr. Mukund P Unny Nida K., Advocates for Respondents For the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011 against the Corporate Debtor which was made enforceable by the Hon ble Bombay High Court vide Order dated 15.09.2014. It is also submitted that by Order dated 29.09.2016, the Division Bench of the Hon ble Bombay High Court upheld the Order of the Single Bench holding that the Corporate Debtor has indulged in Fraudulent Transaction of his business undertakings to defeat the Rights of Creditors. Learned Counsel argued that this is further supplemented by the findings of the Interim Forensic Report prepared by M/s. KPMG, the Forensic Auditors. It is argued that the Appellant is a proper and necessary party as it has a vested right in the present proceedings being the single largest Creditor of the Corporate Debtor . The Appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d down that at an Interlocutory Stage, no such relief shall be granted beyond the scope of the main suit. 6. It is significant to mention that the execution of an Arbitral Award passed in favour of Vitol S.A. by the Hon ble Bombay High Court, has been challenged and is pending before the Hon ble Supreme Court by way of Civil Appeal No. 5694/2018. 7. We do not find any illegality in the observation of the Learned Adjudicating Authority that there is no provision in the Code, with respect to impleadment of any Creditor apart from the Creditors who have triggered the CIRP. Needless to ad, the Appellant is at liberty to pursue other legal remedies, if so advised. 8. For all the aforenoted reasons, we do not find it a fit case to discus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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