Sudhir Khurana …Appellant
Usha Devi & Anr. …Respondents
Mr. Rakesh Kumar, learned counsel appearing on behalf of the ‘Resolution Professional’ submits that the Appellant and other ‘Promoters’ are not co-operating with the ‘Resolution Professional’ and not appearing before the National Company Law Tribunal on the ground that they have moved before the ‘National Company Law Appellate Tribunal’ (NCLT) . Instead of going in to the merit of the case, we direct the Appellant and other ‘Promoters’ to appear before the ‘NCLT’ and only after appearance, they will request this Appellate Tribunal to take up the Appeal.
In the meantime, the Respondent may file reply-affidavit within 2 weeks. Rejoinder, if any, be filed by the Appellant within 2 weeks thereof.
During the pendency of the appeal, the Appellant and other ‘Promoters’ will hand over all the records and assets of the ‘Corporate Debtor’ to the ‘Resolution Professional’ and report the compliance.
The ‘Resolution Professional’ in his turn will comply with the directions as given by this Appellate Tribunal on 26th March, 2019.
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