JUDGEMENT

Company Appeal(AT)(Insolvency) No. 1097 of 2019 Page 2 of 17 DR. ASHOK KUMAR MISHRA, TECHNICAL MEMBER This is a case where the Judgment of this Tribunal dated 07.02.2020 in Company Appeal(AT)(Insolvency) No. 1097 of 2019 was challenged by the Financial Creditor in Civil Appeal No. 3228 of 2020 titled as ‘Stressed Asset Stabilisation Fund Vs. G. Eswara Rao & Anr.’ before the Hon’ble Supreme Court. The Hon’ble Apex Court tagged this Civil Appeal No. 3228 of 2020 along with other Appeals viz., Civil Appeal No. 323 of 2021, Civil Appeal No. 3765 of 2020 and Civil Appeal No. 3 of 2021 etc. Hon’ble Apex Court vide its judgment dated 15.04.2021 has set aside the Judgment of this Tribunal dated 07.02.2020 and remanded back the matter to this Tribunal to decide the matter afresh in accordance with law laid down in Civil Appeal No. 323 of 2021. Relevant portion of the judgment is reproduced below for ease of convenience:

“5.

As decided by us in Civil Appeal No. 323 of 2021, we given one more opportunity to the appellant in this case to amend its pleading on payment of costs of Rs. 1,00,000/- to respondents within four weeks from today. The NCLAT judgment dated 07.02.202