ASHOK BHUSHAN, J.

This Appeal has been filed against order dated 21.02.2023 passed by

the Adjudicating Authority (National Company Law Tribunal), Allahabad

Bench, Prayagraj in I.A. No. 219/2022 in CP (IB) No.140/ALD/2017. I.A. No.

219/2022 filed by the Respondent, Successful Auction Purchaser having been

allowed by the Adjudicating Authority, Appellant feeling aggrieved by the order

has come up in this Appeal. Brief facts of the case necessary to be noticed for

deciding this Appeal are:

(i)

Corporate Insolvency Resolution Process against the Corporate

Debtor, Shashi Oil and Fats Pvt. Ltd. commenced by the Adjudicating

Authority on a Section 7 application filed by a Financial Creditor.

(ii)

The order of liquidation of the Corporate Debtor was passed by the

Adjudicating Authority on 21.02.2020.

(iii)

The Liquidator published E-auction Sale Notice dated 12.08.2020 on

as is where is basis, as is what is, whatever there is and without

recourse basis.

(iv)

E-auction was held on 29.08.2020 and Respondent No.1 was held to

be highest Bidder for an amount of Rs.3,78,00,000/-. The Respondent

No.1 was declared as Successful Auction Purchaser by the Liquidator

by email dated 29.08.2020.

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