Miss Lucy
← All judgments

Fact Personnel Private Limited vs Brijendra Kumar Mishra In His Capacity ...

National Company Law Appellate Tribunal6 September 2022

Ratio decidendi

The rule this decision rests on

The EMD (earnest money deposit) lodged for an auction conducted under the insolvency process, which has been returned, does not carry interest in the absence of any clause in the auction notice providing for it, and no direction for interest can be issued on such a deposit.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 738 of 2022IN THE MATTER OF:

Fact Personnel Pvt. Ltd. ...Appellant

Versus

Brijendra Kumar Mishra & Anr. ...Respondents

Present: For Appellant: Ms. Meghna Rao, Advocate.

For Respondents: Ms. Kritika Bhardwaj and Mr. Aayush Agarwala, Advocates for R-1. Mr. Ashish Rana, Advocate for R-2.

ORDER

06.09.2022: Heard learned counsel for the Appellant as well as learned

counsel appearing for the Respondents. This Appeal has been filed against

the order passed by the Adjudicating Authority dated 06.06.2022 by which

order the Adjudicating Authority has directed for fresh auction of the subject

property. Appellant was the highest bidder in the earlier auction and filed

appeal aggrieved of the direction of the Adjudicating Authority for fresh

auction.

2. This Tribunal while hearing the Appeal on 08.07.2022 directed that

fresh auction may take place and further Appellant was also permitted to

participate in the auction after getting adjustment of its EMD already

deposited for first auction.

3. It is submitted by the parties that in pursuance of the order of the

Adjudicating Authority, fresh auction has taken place on 14.07.2022 for the

Cont'd.../ 2

reserve price of 12 crore, in which Appellant could not succeed. The bid of

the Successful Bidder has already been approved.

4. Learned counsel for the Appellant submits that Respondent be directed

to pay some interest on the EMD amount which was lying with the Liquidator.

5. Learned counsel for the Liquidator submits that the EMD amount was

lying in a normal Bank Account and did not earn any interest. It is further

submitted in the auction notice there was no clause regarding interest on the

EMD. We are of the view that no direction for interest can be issued for the

EMD which has already been returned.

6. In view of the above, we seen no reason to entertain this Appeal. Appeal

is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 738 of 2022

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free