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2025 Supreme(Online)(NCLAT) 129

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) ,
Anuj Bajpai – Appellant
Versus
Inderdeep Construction Company & Anr. – Respondent


Mr. Naveen Pahwa, Sr. Advocate with Mr. Rahul Gaikwad, Ms. Stuti Vatsa and Mr. Govind, Advocates; Mr. Abhijeet Sinha, Sr. Advocate with Mr. Karan Valecha, Advocate for R-1; Mr. Naveen Pahwa, Sr. Advocate with Mr. Rahul Gaikwad, Ms. Stuti Vatsa and Mr. Govind, Advocates for R-1

JUDGMENT

Per: Justice Rakesh Kumar Jain:

This order shall dispose of two appeals bearing CA (AT) (Ins) No. 1698 of 2024 filed by the Liquidator (hereinafter referred to as ’first appeal’) and CA (AT) (Ins) No. 1518 of 2024 filed by the Successful Bidder (hereinafter referred to as ’second appeal’) against the common order dated 04.07.2024 passed by the National Company Law Tribunal, Ahmedabad Bench by which an application bearing I.A No. 1479 of 2023 filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (in short ’Code) by the Successful Bidder for seeking certain reliefs and concessions, has been dismissed.

2. The Liquidator has filed the appeal because of the observations made against him in para 21 of the impugned order.

3. The brief facts of this case are that M/s Continental Piling and Excavation Pvt. Ltd. filed an application under Section 9 of the Code r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against M/s Anwesha Engineering & Projects Ltd. bearing CP (IB) No. 20/9/NCLT/AHM/2020 before the Tribunal which was admitted on 25.01.2021 and Mr. Sachin Bhattbhatt was appointed as the IRP, however, Anuj Bajpai was fur

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