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Anil Kumar Former Resolution ... vs Satiram Yadav Resolution Applicant Of ...

National Company Law Appellate Tribunal31 August 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's direction that the Registry forward its order to the Insolvency and Bankruptcy Board of India, in respect of a Resolution Professional's conduct, is not an error where the Resolution Professional had objected to a Resolution Applicant's standing to pursue preferential applications and the observation rests on the facts as they were placed before that authority.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.1077 of 2023& I.A. No. 3721 of 2023IN THE MATTER OF:

Anil Kumar Former Resolution Professional of JBF - Everest Buildtech Pvt. Ltd. ...Appellant

Versus

Satiram Yadav Resolution Applicant of JBF- Everest Buildtech Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Rajendra Benwal, Mr. Rajat Kashyap, Advocates. For Respondent: Mr. Kunal Godhwani, Advocate.

ORDER

31.08.2023: Heard learned counsel for the Appellant. This Appeal has

been filed against the order dated 01.06.2023 by which order I.A. No. 2877 of

2022 filed by the Resolution Applicant to substitute his name to pursue

preferential applications has been allowed.

2. The Resolution Plan Para 6.10, which has been approved, itself

contemplate the Resolution Application to pursue the application under

Section 43, 45 and 66 of I&B Code. The Adjudicating Authority has allowed

the application. Learned counsel for the Appellant submits that aggrieved by

the observation made in the order this Appeal has been filed. Observations are

to the following effect:

"In view of the submissions made by Ld. Counsel appearing for the Resolution Professional, the conduct -2-

of the Resolution Professional should be looked into by the IBBI. The Registry is hereby directed to send a copy of this order to the IBBI."

3. Learned counsel for the Respondent submits that the said observations

have been made by the Adjudicating Authority since the Resolution

Professional was objecting the application and filed reply to the said

application after three months and the application delayed for 1 year, due to

which observations have been made.

4. The Adjudicating Authority has noted the submission of the Resolution

Professional that the Resolution Applicant has no locus to file the application

which clearly indicate that the Resolution Professional was objecting the

Resolution Applicant to pursue the preferential applications. We do not find

any error in the order passed by the Adjudicating Authority and observations

made by the Adjudicating Authority were based on the correct facts.

5. We, thus, do not find any error in the impugned order. Appeal is

dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1077 of 2023

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