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Director Of Commercial Taxes vs Ruchi Soya Industries Ltd. & Ors

National Company Law Appellate Tribunal12 March 2020

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal has no jurisdiction to entertain an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 filed beyond the 30-day period, where the delay exceeds the 15-day condonable extension, and the appeal must therefore be dismissed. The Appellate Tribunal cannot sit in appeal over the commercial wisdom of the Committee of Creditors, and cannot annul a resolution plan on that basis, in view of the Supreme Court's decision in Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta, as applied by the Tribunal in this order.

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. 407 of 2020IN THE MATTER OF:

Directorate of Commercial Taxes ...Appellant

Versus

Ruchi Soya Industries Ltd. & Ors. ...Respondents

Present:

For Appellant : Ms. Madhumita Bhattacharjee, Advocate and Ms. Aarti Jain, Company Secretary

ORDER

12.03.2020 The Appellant - Directorate of Commercial Taxes, after long

delay, challenged the order dated 24th July, 2019 passed by the Adjudicating

Authority (National Company Law Tribunal), Mumbai Bench whereby 'corporate

insolvency resolution process' against 'Ruchi Soya Industries Limited' (Corporate

Debtor) has been closed by approving the 'resolution plan' of 'successful

resolution applicant'. Learned counsel for the Appellant submits that the

certified copy of the same has been obtained on 16th January, 2020 and the

appeal has been preferred before this Appellate Tribunal on 2nd March, 2020.

Thus, we find that there is more than 17 days delay after 30 days of the time to

file the appeal in terms of Section 61(2) of the 'I&B Code'.

For the said reason, we cannot entertain the appeal having no jurisdiction

to condone the delay of more than 15 days after 30 days.

Learned counsel for the Appellant submits that the 'resolution plan' has

been received by the Appellant on 7th February, 2020 but that cannot be a ground to entertain the appeal for approval of the 'resolution plan' which was

passed on 24th July, 2019. Further in view of the decision of the 'Committee of

Creditors of Essar Steel India Limited vs. Satish Kumar Gupta & Ors. -

(2019) SCC Online SC 1478', this Appellate Tribunal cannot sit in appeal on

commercial wisdom of the 'Committee of Creditors' and to annul the resolution

plan. Further in view of the decision of the Hon'ble Supreme Court the matter

cannot be re-opened in any other litigation.

The appeal is dismissed. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

[ Shreesha Merla ] Member (Technical)

/ns/gc/

Company Appeal (AT) (Insolvency) No. 407 of 2020

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