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2022 Supreme(SC) 959

INDIRA BANERJEE, J. K. MAHESHWARI
Ashok G. Rajani – Appellant
Versus
Beacon Trusteeship Ltd. – Respondent


Advocates appeared:
For the Appellant : Mr. Puneet Jain, Adv. Ms. Christi Jain, Adv. Mr. Harsh Jain, Adv. Mr. Umang Mehta, Adv. Mr. Shruti Singh, Adv. Mr. Mann Arora, Adv. Mr. Abhinav Deshwal, Adv. Ms. Akriti Sharma, Adv. Mr. Yogit Kamat, Adv. Ms. Shira Singh, Adv. Ms. Christi Jain, AOR
For the Respondent: Mr. Ravi Raghunath, Adv. Ms. Rathina Maravakman, Adv., Ms. Aakashi Lodha, Adv. Mr. Sanyat Lodha, AOR Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Himanshu Satija, Adv. Mr. E. C. Agrawala, AOR

JUDGMENT :

INDIRA BANERJEE, J.

1. This Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against an interim order dated 18th August 2021 passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi in Company Appeal (AT) (Insolvency) No. 598 of 2021, filed by the Appellant, whereby the NCLAT issued notice of the Appeal, but did not restrain the Interim Resolution Professional (IRP) from proceeding with Corporate Insolvency Resolution Process (CIRP) of M/s Seya Industries Limited (hereinafter referred to as “Corporate Debtor”). The NCLAT, however, restrained the IRP from constituting a Committee of Creditors (CoC) till the next date of hearing. In the meanwhile, the Appellant and the Respondents were given the opportunity to settle their disputes before the Adjudicating Authority (NCLT) in terms of Section 12A of the IBC read with Rule 11 of the National Company Law Tribunal Rules, 2016 (NCLT Rules). The appeal was directed to be listed for hearing on 13th September 2021.

2. The Appellant is an erstwhile Director of Respondent No. 4, that is the Corporate Debtor. The Corporate Debtor, a company incorporated under the Companies A


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