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Committee Of Creditors Of Delhi Control ... vs Ashok Kumar Gupta Resolution ...

National Company Law Appellate Tribunal21 July 2022

Ratio decidendi

The rule this decision rests on

Where the Adjudicating Authority has directed a fresh valuation of the corporate debtor's assets and remitted a resolution plan to the CoC, and no stakeholder has objected to the existing valuation reports nor raised any issue as to their incorrectness, there is no reason to direct revaluation; such a direction is set aside. Where a resolution plan approval application under section 30(6) is pending and objections to the plan have been raised before the Adjudicating Authority, the Authority must consider and decide those objections together with the plan approval application before taking a decision on the plan; the Appellate Tribunal does not express any opinion on the merits of the plan in so directing.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Ins.) No. 308 of 2022

In the matter of: Committee of Creditors of Delhi Control Devices Pvt. Ltd. ....Appellant Vs. Ashok Kumar Gupta Resolution Professional of Delhi Control Devices Pvt. Ltd. & Anr. ....Respondents Present For Appellant: Mr. K. Datta, Sr. Advocate along with Ms. Mehak Khurana. For Respondents: Mr. Abhishek Anand, Mr. Prateek Kushwaha for R-1. Mr. Ashok Kr. Gupta (RP, R-1) Mr. GP Madaan, Mr. Aditya Madaan, Advocates for R-2. Mr. Abhijeet Sinha, Mr. Malak Bhatt, Mr. Udhav Nanda for Intervenor.

With

Company Appeal (AT) (Ins.) No. 277 of 2022

In the matter of: Statcon Electronics India Ltd. ....Appellant Vs. Ashok Kumar Gupta & Anr. ....Respondents Present For Appellant: Mr. GP Madaan, Mr. Aditya Madaan, Advocates. For Respondents: Mr. Abhishek Anand, Mr. Prateek Kushwaha for R-1. Mr. Ashok Kr. Gupta (RP, R-1) Ms. Mehak Khurana for R-2, CoC Mr. Abhijeet Sinha, Mr. Malak Bhatt, Mr. Udhav Nanda for Intervenor.

Company Appeal (AT) (Ins.) No. 308 of 2022 Company Appeal (AT) (Ins.) No. 277 of 2022

1 ORDER

(Through Virtual Mode)

21.07.2022: Heard Learned Counsel for the parties.

These two appeals have been filed against the order dated 21.02.2022

passed by the Adjudicating Authority. While considering the plan approval

application, submitted by 'Resolution Professional' u/s 30(6) of the Code, the

'Adjudicating Authority' after noticing the contents of the 'Resolution Plan' made

the following reasons for referring the matter back to the CoC:-

"11. As seen from the Resolution

Plan, as submitted by the Resolution

Applicant, more than 90% haircut is

offered to the creditors. In view of the

same, it is directed that the revaluation

of the assets of the Corporate Debtor

through an independent valuer

appointed by each member of the CoC

shall be done independently and

depending upon the average value,

further call can be taken by this

Authority, therefore, the matter is

referred back to the Coc."

Company Appeal (AT) (Ins.) No. 308 of 2022 Company Appeal (AT) (Ins.) No. 277 of 2022

2

2. Learned Counsel for the Appellant submits that there was no objection

regarding valuation of the assets of the 'Corporation Debtor' by any stakeholders.

There being no objection regarding valuation which was already done, the

direction of the Adjudicating Authority for re-valuation was uncalled for.

3. Learned Counsel for the 'Resolution Professional' also submits that no

objections by any stakeholder were made regarding valuation of the assets of the

'Corporate Debtor'.

4. When there was no objection regarding valuation and no issue regarding

incorrectness of the valuation reports already received have been raised, there

was no reason for directing revaluation of the assets of the 'Corporate Debtor'.

We thus, are of the view that the directions issued in paragraph 11 for

revaluation of assets of the 'Corporate Debtor' as well as remitting the matter

back to the CoC deserved to be set aside and are hereby set aside.

5. Learned Counsel appearing for the Intervenor submitted that an

application filed by the Intervenor has already been pending before the

Adjudicating Authority where he has raised objection regarding approval of

'Resolution Plan'.

6. Learned Counsel for 'Resolution Professional' submits that they have

already filed the reply to the said application which is pending consideration.

7. We are of the view that the Resolution Plan approval application filed by

'Resolution Professional' be considered afresh along with other applications and Company Appeal (AT) (Ins.) No. 308 of 2022 Company Appeal (AT) (Ins.) No. 277 of 2022

3 objections pending before the Adjudicating Authority regarding the 'Resolution

Plan'.

8. We make it clear that we are not expressing any opinion with regard to

approval of the plan. We are only directing the Adjudicating Authority to

consider all the matters before taking a decision on the plan approval application

filed by 'Resolution Professional'.

With these directions, both these appeals are partly allowed.

9. We request the Adjudicating Authority to consider and decide the

application for approval of 'Resolution Plan' at an early date.

[Justice Ashok Bhushan] Chairperson

[Justice M.Satyanarayana Murthy] Member (Judicial)

[Mr. Barun Mitra] Member (Technical)

Shashi/nn

Company Appeal (AT) (Ins.) No. 308 of 2022 Company Appeal (AT) (Ins.) No. 277 of 2022

4

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