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Apogee Manufacturing Pvt. Ltd vs Hari Kishan Sharma & Ors

National Company Law Appellate Tribunal25 July 2018

Ratio decidendi

The rule this decision rests on

Where a corporate insolvency resolution process is ongoing and the information memorandum has not yet been prepared, the amendment of 6 June 2018 treating real estate allottees as financial creditors applies to the resolution professional's collation and decision on their claims, because that decision is taken after the amendment came into force; the amendment is therefore not applied retrospectively to claims already decided before its commencement.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 384 of 2018IN THE MATTER OF:

Apogee Manufacturing Pvt. Ltd. ...Appellant

Versus

Hari Kishan Sharma & Ors. ...Respondents

Present:

For Appellant : Mr. Anirudh Wadhwa and Mr. Hiresh Choudhary, Advocates

For Respondents : Mr. Vijay Shankar, Advocate for Victory Infra Projects Pvt. Ltd.

ORDER

25.07.2018 During the 'corporate insolvency resolution process', by the

'Insolvency & Bankruptcy Code (Amendment) Ordinance, 2018' (No. 6 of 2018)

with effect from 6th June, 2018 the allottees of real estate purchase have been

treated to be the 'Financial Creditor'. This is accepted by the Adjudicating

Authority by the impugned order dated 12th June, 2018.

Learned counsel appellant submitted that the Amendment No. 6 of 2018

which came into effect from 6th June, 2018 cannot operate retrospectively.

However, such submission cannot be accepted as the 'corporate insolvency

resolution process' is ongoing and information memorandum has not yet been

prepared. In the meantime as 'Resolution Professional' is required to collate all

claim, while accepting the claim of allottees of real estate purchase the 2

'Resolution Professional' will have to treat them as 'Financial Creditors' because

he is to decide the claim after 6th June, 2018.

We find no merit in this appeal. It is accordingly dismissed.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/sk/

Company Appeal (AT) (Insolvency) No. 384 of 2018

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