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Consolidated Engineering Company & Anr vs Golden Jubilee Hotels Pvt Ltd

National Company Law Appellate Tribunal12 December 2018

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's view is affirmed that, for the purpose of the 10% threshold for representation on the Committee of Creditors, the total debt is to be computed on the basis of the claims as collated and noticed by the resolution professional, and not on the amounts claimed by all operational creditors before those claims are verified and compared. Where the verified claims of operational creditors amount to less than 10% of the total debt, operational creditors have no right to representation in the meeting of the Committee of Creditors. Operational creditors whose claims fall below that threshold may nonetheless be permitted, as an indulgence on the facts of the case, to have a representative watch the proceedings of the Committee of Creditors, without any right to object to or participate in them; any aggrieved party may apply to the appropriate forum at the appropriate stage. The order is expressly confined to this case and is not to be cited as precedent.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 501 of 2018IN THE MATTER OF:Consolidated EngineeringCompany & Anr. ...AppellantsVersusGolden Jubilee Hotels Pvt. Ltd. ...RespondentPresent:For Appellants: Mr. Abir Roy, AdvocateFor Respondent : Mr. Y. Suryanarayana, AdvocateORDER

12.12.2018 Prima facie we are of the view that the Adjudicating Authority

has rightly held that 10% of total debt for the purpose of representation in

''Committee of Creditors' is to be calculated on the basis of the claim as collated

and noticed by the 'resolution professional'. It cannot be based on amount

claimed by all the 'Operational Creditors', till it is verified and compared. If the

claim of 'Operational Creditors, on verification is found to be less than 10%, the

'Operational Creditors' have no right to claim representation in the meeting of the

'Committee of Creditors'. However, taking into consideration facts and

circumstances of case, we allow the representative of 'Operational Creditor' only

to watch the proceedings of the 'Committee of Creditors' as agreed by the learned

counsel for the 'Resolution Professional'. The representative cannot object or -2-

participate in the proceedings of the 'Committee of Creditors' and if any contrary

decision is taken, in such case, the 'Operational Creditor' may move proper

application before appropriate forum at proper stage. 'Operational Creditor' may

obtain the name of the representative who may watch the proceedings. This order

cannot be cited as precedence in any other case.

The appeal stands disposed of with aforesaid observations.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/uk/

Company Appeal (AT) (Insolvency) No. 501 of 2018

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