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Dharam Chand Yadav vs Rp In The Cirp Of Sidhartha Buildhome Pvt ...

National Company Law Appellate Tribunal31 March 2021

Ratio decidendi

The rule this decision rests on

An appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 does not lie against an order admitting an application under Section 7 of the Code on the ground that the corporate debtor's account could have been classified as standard had the financial creditor timely acted on the corporate debtor's one-time settlement proposal, where the corporate debtor is admittedly in default and its account has been declared a non-performing asset.

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)(INSOLVENCY) NO.270 OF 2021 In the matter of: Dharam Chand Yadav Appellant Vs Devendra Singh RP in the CIRP of Sidhartha Buildhome Pvt Ltd & Anr Respondent Present: Mr. Chandrashekhar A Chakalabbi, Mr. Shiv Kumar Pandey, Mr. Awanish Kumar, Mr. Anshul Rai, Advocates for appellant. Mr. Varsha Banerjee, Mr. Mukund Rawat, Advocates for R1/IRP. Mr S.K. Sharma, Advocate for R2.

ORDER

31.03.2021- Application under Section 7 of IBC filed by Financial Creditor,

Punjab National Bank (earlier Oriental Bank of Commerce) has been admitted

in terms of order dated 4th March, 2021 by the Adjudicating Authority,

National Company Law Tribunal, Court III, New Delhi vide impugned order

dated 4th March, 2021 which is assailed in this appeal on the ground that

Corporate Debtor's account could have been "Standard", had the financial

creditor taken timely decision on OTS proposal of the Corporate Debtor.

After hearing learned counsel for the appellant we are of the view that

the appeal under Section 61 of the Insolvency & Bankruptcy Code, 2016

would not lie on this ground. Admittedly the account of the Corporate Debtor

has been declared NPA and the Corporate Debtor is in default. We are told 2.

that this is a home buyers project.

Ms Varsha Banerjee, learned counsel representing Respondent

No.1/IRP submits that IRP has received as many as 550 claims of home

buyers and one claim of financial creditor, Punjab & Sind Bank.

Ms S.K. Sharma, learned counsel representing Respondent No.2,

financial creditor, Punjab National Bank submits that no proposal for OTS is

pending before the Financial Creditor.

In view of the same, the appeal being not maintainable is dismissed.

(Justice Bansi Lal Bhat) Acting Chairperson

(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gc

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