ORDER

(Virtual Mode) 12.05.2022: Heard learned counsel for the Appellant. These Appeals have been filed against similar orders both dated 25.03.2022, by which order the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata on application under Section 95(1) has appointed a Resolution Professional and directed him to submit report exercising all powers enumerated under Section 99.

2. The Counsel for the Appellants submit that application filed under Section 95(1) was barred by time and further the Adjudicating Authority is not competent to entertain the application by virtue of Section 60 of the Code. He submits that in view of the aforesaid the Application was not competent.

3. We are of the view that the stage for admission/rejection of the application has not yet arrived and the Adjudicating Authority is empowered to admit or reject the application after receiving the report from the Resolution Professional. It is open to the Appellants to raise their all objections regarding application being barred by time and that the Adjudicating Authority being not competent to entertain the application before the Adjudicating Authority at the time of admiss