Miss Lucy
← All judgments

Canara Bank vs Alphabet Heights Pvt. Ltd. & Anr

National Company Law Appellate Tribunal28 November 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following principles: Where a resolution plan has been approved under the insolvency framework, the Successful Resolution Applicant is bound to make payments strictly in accordance with the approved plan, and the Adjudicating Authority may direct it to do so. An extension of time for payment under an approved resolution plan may be granted where the resolution applicant accepts liability to pay interest on the delayed instalments at the MCLR rate, and the creditor has not shown that the delay warrants refusal. A direction to the resolution applicant to refrain from or withdraw communications regarding action against third-party guarantors or collateral securities is not warranted where such matters are governed by the terms and conditions of the approved resolution plan itself.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Ins.) No. 317 of 2022 & I.A. No. 3355 of 2022 IN THE MATTER OF: Canara Bank (Erstwhile Syndicate Bank) ....Appellant Vs. Alphabet Height Pvt. Ltd. & Anr. ....Respondents Present: For Appellant: Mr. Hitesh Sachar, Ms. Anju Jain, Ms. Raveena Kataria, Advocates For Respondents: Mr. Mrinal Harshwardhan, Mr. S.Mukherjee, Advocates for R-2. Mr. Pawan Singh, Advocate for R-3

ORDER

28.11.2022: This appeal has been filed against the order dated

21.02.2022 passed by the Adjudicating Authority by which the I.A. No.

4675/2021 filed by the Canara Bank has been disposed of. Challenging the

said order, this appeal has been filed by the Bank, the Applicant Canara

Bank has made the following prayers:-

(a) Issue directions to the Non-Applicants to

make payment of the remaining instalments, under

the plan, in a time bound manner as per order dated

20.02.2020 passed by the Hon'ble Adjudicating

Authority;

(b) Issue directions to the Non-Applicants to pay

interest on the delayed payments;

(c) Issue directions to the Non-Applicants to

withdraw their communications whereby they are

Company Appeal (AT) (Ins.) No. 317 of 2022 & I.A. No. 3355 of 2022 1 refraining the Applicant to take action against the

third party guarantors/collateral securities with

respect to outstanding dues of M/s Maple Realcon

Pvt. Ltd. as the action taken by the Applicant is

independent of the plan which stood approved; and

(d) Pass such other/directions as this Hon'ble

Adjudicating Authority may deems fits and proper in

the facts and circumstances of the case.

2. On the aforesaid application, the Adjudicating Authority has disposed

of the matter with the observation that the Resolution Applicant shall act

strictly as per the Resolution Plan approved by the Authority.

3. Learned Counsel for Successful Resolution Applicant (SRA) submits

that as per the plan, the payment was to be made by 25.12.2022. I.A. No.

3355 of 2022 has also been filed by the Respondent in this appeal. In the

application, the Applicant has prayed and sought for six months' extension

from 25.12.2022 which was the date, by which under the Plan, the SRA was

required to pay the entire amount.

4. Learned Counsel for the Appellant has submitted that there has been

some delay in the payments, however, the Respondents have accepted their

liability to make payment of interest at MCLR rate. It is further submitted

Company Appeal (AT) (Ins.) No. 317 of 2022 & I.A. No. 3355 of 2022 2 that there were some delay, and after the delay, payments are regularly being

made. The application which was filed by the Canara Bank and has been

disposed of basically contained three prayers. First by prayer (a) direction was

sought to make payment in time bound manner and (b) further to pay interest

on the delayed payment. Third direction (c) was to the non-applicants to

withdraw their communications whereby they are refraining to take action

against the third party guarantors/collateral securities with respect to

outstanding dues.

5. The Resolution Plan having been approved the payments are to be made

by the Successful Resolution Applicant as per Plan. The instalments as per

Plan are being paid by the SRA although with some delay. The SRA being

ready to pay the interest on the delayed payment @ MCLR rate, the extension

of six months' time deserves to be allowed. Coming to prayer c made in the

application no direction need be issued since the said prayer seeks action

against third party guarantors/collateral securities which is to governed by

the terms and conditions of the Resolution Plan.

6. We, thus, are of the view that no interference is called for in the order

of the Adjudicating Authority dated 21.02.2022 except allowing the extension

of six months' time for payment of entire amount as prayed by IA No.

3355/2022.

Company Appeal (AT) (Ins.) No. 317 of 2022 & I.A. No. 3355 of 2022 3

7. We are of the view that the Respondents are obliged to make the

payment of interest on the delayed payment as per their IA No. 3355 of 2022,

they undertake to make the entire payment by 23.06.2023.

The appeal is disposed of as above.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins.) No. 317 of 2022 & I.A. No. 3355 of 2022 4

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free