Ankur Jain vs Rohit Ferro Tech Limited & Ors

Ankur Jain ....Appellant Vs.

Rohit Ferro Tech Limited & Ors. ...Respondents For Appellant: Mr. Vikrant Pachnanda, Mr. Mukul Katyal, Advocates.

For Respondents: Ms. Niharika Sharma, Mr. Udit Mendiratta, Advocates for RA.

ORDER

05.08.2022: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the order dated 22.06.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), Kolkata

Bench, Kolkata, by which order the I.A filed by the Appellant praying for

following reliefs have been rejected:-

"i. The respondent nos. 1, 2 and 3 jointly or severally be directed to forthwith make good the losses suffered by the applicant for a sum of Rs.2,88,86,000/- and additionally refund the advance payment of Rs. 3,61,44,726/-.

ii. The amounts as prayed for in prayer (a) be considered as part of the CIRP cost and be accordingly disbursed to the applicant;

iii. The Respondent No.3 be directed to set apart a sum of Rs.2,46,64,200/- as well as a sum of 2

Rs.3,61,44,726/- from the CIRP cost till disposal of this Application"

3. The Appellant claims to have issued various purchase orders. Learned

Counsel for the Appellant submits that in pursuance of the purchase orders,

Corporate Debtor did not supply the quantity of goods as agreed. Learned

Counsel for the Appellant submits that the Resolution Professional has written

on 06.04.2022 to the Appellant that orders as demanded by the Appellant

shall be fulfilled and supply shall be made. It is submitted that on next date

i.e. on 07.04.2022, the Resolution Plan has been approved.

4. In the present case, the Application was filed by the Appellant after

approval of the Resolution Plan and not at the time when even Resolution Plan

was pending consideration. The Application filed by the Appellant for prayers

as noticed above could not have been entertained by the Adjudicating

Authority after the approval of the Resolution Plan and rightly have been

rejected. We find no reason to entertain this Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Justice M. Satyanarayana Murthy] Member (Judicial)

[Barun Mitra] Member (Technical) Anjali/nn

Comp. App. (AT) (Ins.) No. 930 of 2022