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Col Sanjeev Dalal & Ors vs Pramod Kumar Sharma & Anr

National Company Law Appellate Tribunal21 September 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal cannot pass a different order in a later appeal against the same impugned order where an earlier appeal against that order by the same class of persons (the authorised representative of the homebuyers) has already been disposed of on its merits; the disposal of the earlier appeal governs the later one, so no separate ground for interference arises and the later appeal is disposed of accordingly.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.1154 of 2023& I.A. No. 3978, 4020 of 2023IN THE MATTER OF:

Col Sanjeev Dalal & Ors. ...Appellants

Versus

Pramod Kumar Sharma Resolution Professional & Ors. ...Respondents

Present: For Appellants: Mr. Bilal Ali, Mr. Anurag Bhat and Mr. Himanshu Gautam, Advocates.

For Respondents: Mr. Abhishek Anand, Mr. Mohak Sharma, Mr. Supriyo Banerjee and Mr. Karan Kohli, Advocates for R-1.

ORDER

21.09.2023: Heard learned counsel for the Appellant as well as learned

counsel appearing for the Respondent. This Appeal has been filed against

order dated 21.04.2023 on I.A. No. 897/2019, which I.A. was filed by the

Authorised Representative Mr. Vivek Raheja.

2. Learned counsel for the Respondent submits that an appeal being

Company Appeal (AT) (Ins.) No. 810 of 2023 has been filed by Vivek Raheja,

Authorised Representative of the Homebuyers, which appeal has already been

disposed of by this Tribunal on 12.07.2023. On 12.07.2023, we passed

following order:

"ORDER

12.07.2023: This appeal has been filed against the order dated 21.04.2023 passed in I.A. No. 897/2019

Cont'd.../ -2-

filed by the Authorised Representative, (the Appellant). The Adjudicating Authority observed that authorised representative is entitled to proceed with the matter in accordance with law if they have any grievance with the RP.

2. Learned Counsel for RP submits that as per the Regulations, the request by AR should contain consent of 33% of the allottees as on date to enable the RP to convene the meeting of the CoC and to consider in the meeting the agenda.

3. Learned Counsel for the Appellant submits that Appellant shall make appropriate request to the RP with the requisite majority as required by Regulation in view of the Regulations 18 of the CIRP Regulations 2016. The Adjudicating Authority had already granted such liberty through the authorised agency like CDSL or NSDL.

4. We, thus, are of the view that there is no ground to interfere with the order impugned.

With the above observations, the Appeal is disposed of."

3. Present appeal has been filed by five allottees authorised by other

allottees. Learned counsel for the Appellant submits that Appellant is the

Original Applicant who filed Section 7 application. Be that as it may, the

Authorised Representative of the Homebuyers has already filed appeal against

the order dated 21.04.2023, which appeal has been disposed of by this

Tribunal on 12.07.2023. We cannot pass different order in this Appeal. We

Company Appeal (AT) (Insolvency) No.1154 of 2023 -3-

do not find any ground to entertain this Appeal. Appeal is disposed of

accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1154 of 2023

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