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2023 Supreme(Online)(NCLAT) 2975

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Vivekanand Dhaneshwar Jha and Anr – Appellant
Versus
Jigar Tarun Bhatt Resolution Professional of Mithilanchal Industries Private Limited and Anr – Respondent


ORDER

09.11.2023: Heard Learned Counsel for the Appellant.

2. These two appeals have been filed against the Order dated 15.09.2023 by which order the Adjudicating Authority has allowed the Application I.A. No. 105/AHM/2022 praying for liquidation of the Corporate Debtor as well as rejected the I.A. No. 25/AHM/2023 filed by the Appellant praying various reliefs.

-2- Company Appeal (AT) (Insolvency) No. 1463-1466/2023

3. Brief facts of the case necessary to be noticed for deciding this Appeal are. The CIRP against the Corporate Debtor was initiated by Order dated 15.04.2021. In the CIRP, no Resolution Plan can be received. The Appellant who is suspended director of the Corporate Debtor challenged the Order of Admission before this tribunal which appeal came to be dismissed. Aggrieved by the order of this Tribunal, the Appellant challenged the order before the Hon’ble Supreme Court which Civil Appeal was also dismissed by the Hon’ble Supreme Court. The CoC passed a resolution on 06.01.2022 resolving to liquidate the Corporate Debtor since no resolution plan has been received in the CIRP. In pursuance of the decision of the CoC to liquidate the Corporate Debtor, I.A. was filed b

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