JUDGMENT

(19^th September, 2024)

Ashok Bhushan, J.

This Appeal by an Operational Creditor has been filed challenging the order dated 24.04.2024 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-II in IA No.2382 of 2021. The Adjudicating Authority by the impugned order rejected the IA filed by the Appellant, aggrieved by which order this Appeal has been filed.

2. Brief facts of the case necessary to be noticed for deciding the Appeal are:-

2.1. On an application filed under Section 9 , Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor- ‘Brand Connect Communications (India) Pvt. Ltd. commenced vide order dated 27.03.2018. By an order dated 28.01.2019, the Adjudicating Authority directed for liquidation of the Corporate Debtor. In the CIRP of the Corporate Debtor, Appellant as well as the Respondent No.2 who was ex-Director of the Corporate Debtor before the liquidator had filed their claims. In the Liquidation Proceedings, an IA No.2382 of 2021 was filed by the Appellant, the Operational Creditor where following prayers were made:-

“a. Be pleased to set aside order dated 03.09.2021 passed by the Learned Liquidator;

b. Be plea