TMI Blog2023 (6) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... ast working day of the National Company Law Appellate Tribunal and it was to reopen on 02.01.2023 and the petitioner had no notice whether any Vacation Bench was functioning and, therefore, it has been deprived of its statutory remedy of appeal under Section 61 of the Code. Resultantly, writ jurisdiction of this Court was being invoked. The writ petition is disposed off with liberty to the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e P-1). Vide the said order, the Tribunal had appointed respondent No.2-Mr. Rajesh Lihala, the Interim Resolution Professional under Section 16(5) of the Insolvency and Bankruptcy Code, 2016 (in short 'the Code'). Certain other interim directions were also issued while admitting the said petition. The following contention was put forth on 26.12.2022 when the matter came up:- Prayer in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucture Finance Ltd. appeared in those proceedings. It is further submitted that while hearing the arguments, before passing the impugned order, this fact was brought to notice of NCLT, Chandigarh that proceedings are already pending before NCLT, Mumbai Bench with regard to framing of a scheme for the purpose of ascertaining the claim of the creditors and said case is now listed for 25.01.2023. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resultantly, writ jurisdiction of this Court was being invoked. 3. Respondent No.1, in its reply, while also taking cue from the said paragraphs, has taken the plea of alternative remedy being available. 4. Keeping in view the above, even counsel for the parties are now agreed that the matter can be relegated to the statutory Tribunal. 5. Resultantly, we dispose of the writ petition with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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