No appeal is allowed against the decision taken by the stakeholders consultation committee and Liquidator going ahead with the e-auction – D.R Corporation (Proprietorship Firm) Vs. Shri Ravi Kapoor, Liquidator of City Tiles Ltd. – NCLAT New Delhi
NCLAT held that this is a case where the Liquidator has gone for e-auction based on the advice of the stakeholders consultation committee and this action is yet to be approved or disapproved by the Adjudicating Authority. This case is not right for review by the Appellate Tribunal as no order has been passed by the Adjudicating Authority. The Appellant has appealed under Section 61 of the Code where the appeal can be filed only against the order of the Adjudicating Authority vide 61(1) of the Code. The Appellant has come in this appeal against the decision taken by the stakeholders consultation committee and Liquidator going ahead with the e-auction. The Adjudicating Authority is to appropriately consider the above observations while disposing of the petition.