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Electro Mech Engineers vs Electrosteel Steels Ltd. & Ors

National Company Law Appellate Tribunal4 October 2018

Ratio decidendi

The rule this decision rests on

The appeals are barred by delay beyond the 90-day period under sub-section (2) of Section 61 of the Insolvency and Bankruptcy Code, 2016, and the Tribunal will not condone delay on an unsubstantiated assertion of late knowledge of the impugned order. Where an approved resolution plan has been sanctioned by the Committee of Creditors, the Adjudicating Authority and the Appellate Tribunal, and the corporate debtor has been taken over by the successful applicant, the Tribunal will not entertain a belated challenge that would reopen the matter after such long delay.

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. 602 of 2018IN THE MATTER OF:Electro Mech Engineers ...AppellantVersusElectrosteel Steels Ltd. & Ors. ...RespondentsCompany Appeal (AT) (Insolvency) No. 603 of 2018IN THE MATTER OF:Khurana Engineering Company ...AppellantVersusElectrosteel Steels Ltd. & Ors. ...RespondentsCompany Appeal (AT) (Insolvency) No. 604 of 2018IN THE MATTER OF:Electronic India ...AppellantVersusElectrosteel Steels Ltd. & Ors. ...RespondentsCompany Appeal (AT) (Insolvency) No. 605 of 2018IN THE MATTER OF:Khenco Cranes and Machineries ...AppellantVersusElectrosteel Steels Ltd. & Ors. ...Respondents2Present:For Appellants: Mr. Akshit Pradhan, AdvocateFor Respondents : Ms. Honey Satpal, Advocate

Ms. Misha, Mr. Viajayant Paliwal and Ms. Jasveen Kaur, Advocates for R.P.

ORDER

04.10.2018 All these appeals have been filed after a delay of more than

90 days against the order dated 17th April, 2018. Against the said order

'Naskar's Delco Mechanical Engineering Pvt. Ltd.' moved before this Appellate

Tribunal in 'Company Appeal (AT)(Insolvency) No. 478 of 2018' after delay of 15

days wherein this Appellate Tribunal passed the following order on 24.08.2018:

"This appeal has been preferred by M/s Naskar's

Delco Mechanical Engineering Pvt. Ltd. against order

dated 17th April, 2018 passed by the Adjudicating

Authority (National Company Law Tribunal), Kolkata

Bench alongwith petition for condonation of delay. From

the date of the order, there is a 91 days delay and from

the date of knowledge i.e. 1st July, 2018, as informed by

the learned counsel for the Appellant, there is delay of

more than 50 days in preferring the appeal. In the appeal

a vague statement has been made that he came to know

about the order from some other Operational Creditor in the

second week of the July, 2018 but such statement is not

based on any evidence and is also vague in absence of a

specific date. Therefore, the appeal cannot be entertained

Company Appeal (AT) (Insolvency) Nos. 602, 603, 604 and 605 of 2018 3

in terms of sub-section (2) of Section 61 of Insolvency and

Bankruptcy Code, 2016.

2. Apart from the aforesaid fact we have noticed that

the resolution plan submitted by M/s. Vedanta Ltd. has

already been approved by the Committee of Creditors,

Adjudicating Authority and this Appellate Tribunal by its

judgment dated 10th August, 2018 in "Renaissance Steel

India Pvt. Ltd. Vs. Electrosteels Steel India Ltd." in

Company Appeal (AT) (Insolvency) No. 175, 223, 221, 233,

267 & 357 of 2018, has also affirmed the approval of the

resolution plan. In that view of the matter, after approval

of the resolution plan and takeover of the Corporate Debtor

by Vedanta and after long delay, we are not inclined to

deliberate on the issue raised in this appeal. It is

accordingly dismissed. No cost."

These appeals being covered by the aforesaid decision, we dismiss these

appeals on the ground mentioned in the aforesaid order. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/gc/

Company Appeal (AT) (Insolvency) Nos. 602, 603, 604 and 605 of 2018

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