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Arjun Technologies (India) Ltd vs Karur K.C.P Packagings Ltd

National Company Law Appellate Tribunal24 May 2019

Ratio decidendi

The rule this decision rests on

The appeal is disposed of as rendered infructuous because the corporate insolvency resolution process has since been initiated against the same corporate debtor in a separate proceeding, so the Tribunal's reasoning rests on the principle that where a corporate debtor is already subject to a live CIRP, a subsequent appeal against a separate admission order concerning that debtor may be treated as infructuous, with the appellant's remedy being to file its claim within the ongoing resolution process. The Tribunal further reasons that the appellant's apprehensions about its claim being left unaddressed (on settlement, withdrawal, or setting aside of the admission order) are met by granting liberty to re-agitate the matter in the present appeal should the CIRP close, the other appeal be allowed, or the financial creditor settle or withdraw.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 197 of 2019IN THE MATTER OF:

Arjun Technologies (India) Ltd. ...Appellant

Vs

Karur K. C. P. Packagings Ltd. ... Respondent

Present: Appellant: Mr. S. Santanam Swaminadhan and Mr. Kartik Malhotra, Advocates.

Respondent: Ms. Rhea Luthra, Advocate.

ORDER

24.05.2019: Pleadings are complete. Learned counsel for the Respondent

- 'Corporate Debtor' submits that in Company Appeal (AT) (Insolvency) No. 484

of 2019, an order has been passed by this Appellate Tribunal on 3rd May, 2019

in terms whereof constitution of Committee of Creditors in Corporate

Insolvency Resolution Proceedings against the same Corporate Debtor has been

stayed.

2. It appears that the aforestated appeal arises out of an order of admission

passed under Section 7 of Insolvency and Bankruptcy Code, 2016. Since the

Corporate Debtor is common to the aforestated appeal and the instant appeal,

the instant appeal has been rendered infructuous in view of subsequent

development, as Corporate Insolvency Resolution Process has been initiated in

Company Appeal (AT) (Insolvency) No. 197 of 2019 -2-

consequence of order of admission passed by the learned Adjudicating

Authority (National Company Law Tribunal), Chennai Bench on 24th April,

2019 in CP/1275/IB/2018 titled "M/s The Karur Vysya Bank Ltd. Vs. M/s

Karur KCP Packagings Limited"

3. Appropriate remedy open to the Appellant herein, who claimed to be an

'Operational Creditor', is to file the claim as the Corporate Insolvency

Resolution Process against the Corporate Debtor is underway and the Interim

Resolution Professional has been appointed.

4. Learned counsel for the Appellant submits that as the Committee of

Creditors is yet to be constituted and its constitution has been stayed in terms

of interim order passed by this Appellate Tribunal, in the event of a settlement

between the Financial Creditor and the Corporate Debtor or withdrawal of

application by Financial Creditor or setting aside of order of admission of

application under Section 7 of I&B Code, the grievance of the Appellant may

remain unaddressed.

5. These apprehensions of the Appellant can be allayed by giving liberty to

the Appellant to come back and re-agitate the matter in the instant appeal, in

case, the Corporate Insolvency Resolution Process is closed in the event of

Company Appeal (AT) (Insolvency) No. 197 of 2019 -3-

aforestated appeal (Company Appeal (AT) (Insolvency) No. 484 of 2019) being

allowed or in the event of some settlement or withdrawal of application of

Financial Creditor. The appeal is accordingly disposed off with aforesaid

liberty.

(Justice Bansi Lal Bhat) Member (Judicial)

(Mr. Balvinder Singh) Member (Technical)

am/nn

Company Appeal (AT) (Insolvency) No. 197 of 2019

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