9911796707
TMI Blog2025 (2) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... abhakar, Advocates for SRA Mr. Abhijeet Sinha, Sr. Advocate with Mr. Prafful Saini, Mr. Harshit Khare, Mr. Aditya Shukla, Advocates for SBI and other creditors ORDER ( Hybrid Mode ) I. A. No. 6616 of 2024 : This is an application filed by the Appellant praying for revival of the appeal which was disposed of by our judgment and order dated 06.08.2024. The Appellant's case is that the Appellant is first pari pasu charge holder with State Bank of India of the assets of the Corporate Debtor which is in liquidation and in the liquidation e-auction was held. Appellant has filed an IA before the Adjudicating Authority which was decided on 22.04.2024, in which IA the Appellant has challenged the e-auction as well as action of the Liquidator. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed by the Liquidator in its affidavit and the Adjudicating Authority took a view that question of distribution is still open to be considered. In above circumstances, this application has been filed for reviving the appeal. 3. Liquidator has filed a reply opposing the application. Learned counsel for the Liquidator submits that the Appellant has consented to the issuance of the Sale Certificate which fact is recorded in the order dated 20.08.2024 of the Adjudicating Authority, which is at page 65 of the Reply, hence, in event the appeal is revived, the appeal be revived only with regard to question of distribution to the Appellant and other issues may not be kept open. 4. Learned counsel for the other Banks including State Bank of Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng open for consideration, we are of the view that appeal deserve to be revived. 8. In so far as the submission of the learned counsel for the Liquidator that the appeal be revived only qua question of distribution, at this stage we are not expressing any view on scope and ambit of the appeal which is subject to final decision in the appeal after hearing the parties. In above view of the matter, we revive the appeal, recall order dated 06.08.2024 and direct this appeal to be listed along with Company Appeal (AT) (Ins.) No.1657 of 2024. 9. In this appeal, SRA and other creditors may also be impleaded. Let Amended Memo be filed by the Appellant within one week. All the Respondents are also granted two weeks' time to file Reply to the Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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