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Judgment
03.02.2025: Heard learned counsel for the Appellant. This appeal has been filed against order dated 20.01.2025, which direct as follows:
“ORDER Ld. Counsel for the applicant seeks adjournment. Both the parties to argue the matter on next date of hearing.
List on 04.02.2025”
Learned counsel for the Appellant submits that against the Corporate Debtor CIRP has already been admitted by order dated 24.09.2024 passed by National Company Law Tribunal, Ahmedabad, Division Bench, Court -1 in RCP(IB)/5(AHM)2024 which order has been stayed by this Appellate Tribunal on 26.09.2024, in which moratorium continues. He submits that some other Section 9 applications were filed, which applications were dismissed as infructuous in view of the moratorium imposed on 24.09.2024, whereas, by the impugned order National Company Law Tribunal, Ahmedabad, Court-2 issued direction for arguments on next date.
We are of the view that the Court having not passed any final order, it is always open for the Appellant to intervene as contended by the Appellant. At this stage, we are not inclined to entertain this appeal. It is open for the Appellant to file an application for intervention and bring necessary facts in the notice of the Court, which application shall be considered in accordance with law. Subject to above observation, this appeal is dismissed.