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Essel Infraproject Limited vs J C Flowers Assets Reconstruction ...

National Company Law Appellate Tribunal11 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may, pending its decision on a restoration application arising from a dismissed company petition under the Insolvency and Bankruptcy Code, direct the respondent to maintain status quo over the hypothecated assets, where the status quo order and the dismissal rested on a CIRP initiation order that has since been set aside by the Appellate Tribunal and the restoration application is still under consideration.

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. 848 of 2023IN THE MATTER OF:Essel Infraprojects Ltd. ...AppellantVs.J.C. Flower Asset Reconstruction Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Vaibhav Gaggar, Ms. Smriti Churiwal, Mr. Dev Roy, Mr. Sourabh Tandon, Advocates For Respondent: Mr. Sumesh Dhawan, Mr. Chitranshul, Mr. Shourya Shyam, Advocates

ORDER

11.07.2023: Heard Learned Counsel for the Appellant.

This appeal has been filed against the order dated 02.06.2023 by which

order on the Restoration Application No. 13/2023, the Adjudicating Authority

has passed an order directing the Respondent to maintain status-quo with

regard to the hypothecated assets.

2. In the Company Petition which was filed by the Financial Creditor, an

order of status-quo was passed on 28.02.2023. The said Company Petition was

dismissed on 14.03.2023 on the ground that order has already been passed on

01.03.2023 initiating the CIRP against the Corporate Debtor. When the

Restoration Application came, order was passed by the Adjudicating Authority

granting time to the Appellant to file a reply and passed an order of status-quo

as noted above.

3. Learned Counsel for the Appellant challenging the order contends that

when the Restoration Application was not yet being allowed, the Adjudicating

Authority ought not to have passed the order of status-quo

4. We have considered the submission of the Learned Counsel for the parties

and peruse the records.

Company Appeal (AT) (Ins) No. 848 of 2023 1

5. The present is a matter where the status-quo order was passed on

28.02.2023 and the Company Petition got dismissed only on the ground of

initiation of CIRP against the Corporate Debtor on 01.03.2023. The order dated

01.03.2023 has already been set aside by the Appellate Tribunal on 28.04.2023,

the consequence of which is that Restoration Application has been filed which

need to be considered. We have informed that order has already been reserved

on the Restoration Application.

6. In the facts of the present case, we are of the view that no good ground has

been made out to interfere with the order impugned dated 02.06.2023. The

Appeal is dismissed. Question of law is left open.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 848 of 2023 2

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