(Sanjiv Khanna and M.M. Sundresh, JJ.)
Nileshbhai Shantibhai Patel _________________________ Appellant;
v.
Westin Resin and Polymers Pvt. Ltd. and Another ______ Respondent(s).
Civil Appeal No. 818 of 2023, decided on April 11, 2023
The Order of the court was delivered by
Order
1. It is pointed out that payment of Rs. 1 crore has been made to respondent no. 1 – operational creditor i.e., Westin Resin and Polymers Pvt. Ltd. It will be open to the appellant to point out the aforesaid factum before the National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT).
2. A number of applications have been filed for intervention/impleadment by other operational/financial creditors of respondent no. 2 – Balaji Fiber Reinforce Pvt. Ltd.
3. In view of the aforesaid position, we do not find any good ground and reason to issue notice in the present appeal and the same is dismissed.
4. It will be open to the appellant and the parties before us who have filed application(s) for intervention/impleadment to take steps under the Insolvency and Bankruptcy Code, 2016.
5. We clarify that the payment of Rs. 1 crore made by the appellant to respondent no. 1 – operational creditor has been made without prejudice to the rights and contentions of both the parties.
6. In view of the dismissal of the present appeal, no orders are required to be passed on the applications for intervention/impleadment and the same are accordingly disposed of.
7. Pending application(s), if any, shall stand disposed of.
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