The appeal was filed against the order dated November 9, 2021, passed in I.A. No. 201 of 2020. The appellant filed I.A. No. 201 of 2020 seeking recovery of the amount withdrawn by the suspended directors in violation of Section 14 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority observed that the Insolvency and Bankruptcy Board of India (IBBI) was made a party as Respondent No. 3, even though there was no need for the Resolution Professional to implead IBBI. The Adjudicating Authority dropped 'IBBI' from the array of parties and directed the appellant to pay Rs. 25,000 for unnecessarily making the 'IBBI' a party to the proceeding.
The appellant filed an application (I.A. No. 201 of 2020) seeking recovery of an amount withdrawn by suspended directors, alleging a violation of Section 14 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority observed that the Insolvency and Bankruptcy Board of India (IBBI) was unnecessarily made a party (Respondent No. 3) by the Resolution Professional. Consequently, the Adjudicating Authority removed IBBI from the list of parties and imposed a cost of Rs. 25,000 on the appellant for including IBBI. The appellant then filed an appeal against the order imposing the cost. The key fact is the imposition of costs on the appellant for including IBBI as a party, which the Adjudicating Authority deemed unnecessary.
Sign in to view the parties.
The Adjudicating Authority passed an order in…
Learned Counsel for the…
The appeal was filed against the order dated November 9, 2021, passed in I.A. No. 201 of 2020. The appellant filed I.A. No. 201 of 2020 seeking recovery of the amount withdrawn by the suspended directors in violation of Section 14 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority observed that the Insolvency and Bankruptcy Board of India (IBBI) was made a party as Respondent No. 3, even though there was no need for the Resolution Professional to implead IBBI. The Adjudicating Authority dropped 'IBBI' from the array of parties and directed the appellant to pay Rs. 25,000 for unnecessarily making the 'IBBI' a party to the proceeding.
The appellant filed an application (I.A. No. 201 of 2020) seeking recovery of an amount withdrawn by suspended directors, alleging a violation of Section 14 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority observed that the Insolvency and Bankruptcy Board of India (IBBI) was unnecessarily made a party (Respondent No. 3) by the Resolution Professional. Consequently, the Adjudicating Authority removed IBBI from the list of parties and imposed a cost of Rs. 25,000 on the appellant for including IBBI. The appellant then filed an appeal against the order imposing the cost. The key fact is the imposition of costs on the appellant for including IBBI as a party, which the Adjudicating Authority deemed unnecessary.
The Adjudicating Authority passed an order in…
Learned Counsel for the…