In the matter of Corporation Bank Vs. LSI Resolution Pvt. Ltd. CA(AT)(Ins) No. 1515 of 2019

“MA(IB) 910/KB/2019 is filed by the Corporation Bank for pursuing direction to the RP to consider its claim. Dissenting Creditor has filed this against approval of the plan. However, plan is already implemented. Dissenting Creditor has to file appeal only against the approval of the plan. It is not maintainable, hence stands dismissed and disposed off.”

This appeal has been preferred by Appellant - ‘Corporation Bank’ against order dated 17th September, 2019 after delay of more than 49 days which cannot be condoned in terms of Section 61(2) of I&B Code. Thus, it is barred by limitation.

2. On merit also no case is made out as the relevant portion of the impugned order dated 17th September, 2019 reads as follows:-

3. The appeal is accordingly dismissed being barred by limitation.

[Justice S. J. Mukhopadhaya]

Chairperson

[Justice Bansi Lal Bhat]

Member (Judicial)

LEGAL REFERENCES

Section 61(2)

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In the matter of Corporation Bank Vs. LSI Resolution Pvt. Ltd. CA(AT)(Ins) No. 1515 of 2019

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This appeal has been preferred by Appellant - ‘Corporation Bank’ against order dated 17th September, 2019 after delay of more than 49 days which cannot be condoned in terms of Section 61(2) of I&amp;B Code. Thus, it is
barred by limitation. 
2. On merit also no case is made out as the relevant portion of the impugned
order dated 17th September, 2019 reads as follows:- 
“MA(IB) 910/KB/2019 is filed by the Corporation Bank for
pursuing direction to the RP to consider its claim. Dissenting
Creditor has filed this against approval of the plan. However,
plan is already implemented. Dissenting Creditor has to file
appeal only against the approval of the plan. It is not
maintainable, hence stands dismissed and disposed off.” 
3. The appeal is accordingly dismissed being barred by limitation. 
[Justice S. J. Mukhopadhaya] 
Chairperson 
[Justice Bansi Lal Bhat] 
Member (Judicial)

This appeal has been preferred by Appellant - ‘Corporation Bank’ against order dated 17th September, 2019 after delay of more than 49 days which cannot be condoned in terms of Section 61(2) of I&B Code. Thus, it is
barred by limitation. 
2. On merit also no case is made out as the relevant portion of the impugned
order dated 17th September, 2019 reads as follows:- 
“MA(IB) 910/KB/2019 is filed by the Corporation Bank for
pursuing direction to the RP to consider its claim. Dissenting
Creditor has filed this against approval of the plan. However,
plan is already implemented. Dissenting Creditor has to file
appeal only against the approval of the plan. It is not
maintainable, hence stands dismissed and disposed off.” 
3. The appeal is accordingly dismissed being barred by limitation. 
[Justice S. J. Mukhopadhaya] 
Chairperson 
[Justice Bansi Lal Bhat] 
Member (Judicial)

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In the matter of Corporation Bank Vs. LSI Resolution Pvt. Ltd. CA(AT)(Ins) No. 1515 of 2019