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2023 Supreme(Online)(NCLAT) 889

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,
Chaitanya Sevabhavi Sanstha – Appellant
Versus
MR MANOJ KUMAR AGARWAL – Respondent


ORDER

08.11.2023: Heard learned counsel for the Appellant as well as learned counsel for the Resolution Professional. Learned counsel for the Successful Resolution Professional was also heard. This Appeal has been filed against order dated 31.03.2023 by which I.A. No. 895 of 2022 filed by the Appellant - Chaitanya Sevabhavi Sanstha has been rejected by the Adjudicating Authority. The Appellant has filed the application where following prayers were made:

    “1. The present Interlocutory Application is filed by Chaitanya Sevabhavi Sanstha ("the Applicant"), under Insolvency Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) seeking the following reliefs:
    a) Pass an order to condone the delay in filing claim with the Respondent;

-2- b) Pass an order to issue directions to Respondent to treat Applicants and its members at par with secured Financial Creditors;

    c) Pass an order to issue directions to Respondent to consider and admit the claim of this Applicant;
    d) Pass an order to issue directions to Respondent to take necessary steps to maximise value of assets of Corporate Debtor;
    e) Pass an order to issue directions to Respondent to consider interests of all stakehol


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