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Bank Of India And Anr vs Royal Splendour Developers Pvt. Ltd. ...

National Company Law Appellate Tribunal17 February 2020

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to interfere with a commercial decision of the Committee of Creditors, taken by the requisite majority to approve a resolution plan, is limited; it does not extend to ordering the inclusion in an approved plan of speculative provisions that were never placed before the Committee of Creditors during its deliberations. A dissenting creditor's objection to an approved resolution plan, which was not raised as a proposal at the meeting of the Committee of Creditors, cannot be entertained at the appellate stage as a ground to modify the plan.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal (AT) (Ins) No.281 of 2020 IN THE MATTER OF: Bank of India ...Appellant Versus Royal Splendour Developers Pvt. Ltd. ...Respondents Through the Resolution Professional Ms. Kavitha Surana & Ors.

For Appellant: Counsel appeared but did not mark appearance For Respondents: None ORDER

17.02.2020 Heard Counsel for the Appellant. It is stated that the

Committee of Creditors (COC) in the Corporate Insolvency Resolution Process

(CIRP) against Royal Splendour Developers Pvt. Ltd. has approved the

Resolution Plan which has been approved by the Adjudicating Authority

(National Company Law Tribunal, Division Bench, Chennai). The plan was

approved by majority of more than 70.93%. The learned Counsel states that

the Appellant Bank was in minority having 24.97% voting share and at the

time of voting on the Resolution Plan, it had voted against the Resolution Plan,

copy of which is at Annexure - E (Page 133) and sought liquidation in place

of resolution.

The Counsel states that the Appellant is ready to go with the Plan but

the objection of the Appellant is that the Resolution Plan does not provide and

is silent as to what is to be done with securities held by the bank, in case the

Successful Resolution Applicant (SRA) fails to complete the project. It is stated

that the Plan should have this modification.

On being asked, the learned Counsel for the Appellant does not show

us that any such proposal was made at the time of meeting of COC. Apart -2-

from this, keeping in view Judgement of the Hon'ble Supreme Court of India

in the matter of "Committee of Creditors of Essar Steel India Limited Vs.

Satish Kumar Gupta & Ors." (Civil Appeal No.8766-67 of 2019), this

Tribunal has limited jurisdiction to interfere in the commercial decision taken

by the Committee of Creditors with requisite majority. Hon'ble Supreme Court

has observed that there is no residual jurisdiction not to approve a resolution

plan on the ground that it is unfair or unjust to a class of creditors, so long

as the interest of each class has been looked into and taken care of. (See Para

- 58 of the Judgement.) We do not think that Appellant can ask us to get

included speculative provision so as what to do if SRA fails to complete the

project.

Keeping in view the limited scope, we do not find that the present Appeal

makes out a case to interfere. There is no substance in the Appeal.

Admission is declined. The Appeal is accordingly disposed.

[Justice A.I.S. Cheema] Member (Judicial)

(Justice A.B. Singh) Member (Judicial)

[Kanthi Narahari] Member (Technical)

/rs/md

Company Appeal (AT) (Ins) No.281 of 2020

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