Government Of Inida Through Office Of ... vs Abhijit Guhathakurta, Rp & Ors

National Company Law Appellate Tribunal22 September 2021

CitationCompany Appeal (AT) (Insolvency) No. 1157 of 2019

Ratio decidendi

The rule this decision rests on

Where a corporate debtor has been ordered into liquidation, an appeal against an order of the Resolution Professional or Adjudicating Authority in the corporate insolvency resolution process, which the liquidation renders infructuous, may be disposed of as withdrawn, the appellant being left to pursue its grievances before the Liquidator. Where an appellant's claim has been rejected or partly admitted by the Resolution Professional, and the corporate insolvency resolution process has since passed into liquidation, the proper forum for that grievance is the Liquidator rather than this Tribunal, and the appeal is disposed of on that basis.

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. 1157 of 2019IN THE MATTER OF:

Export - Import Bank of India ...Appellant

EPC Constructions India Ltd. through ....Respondent Abhijit Guhathakurta, RP

For Appellant: Mr. Ashish Rana, Advocate. For Respondent: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 1413 of 2019 IN THE MATTER OF:

Shaarc Projects Ltd. ...Appellant

EPC Construction India Ltd. & Ors. ....Respondents

For Appellant: Mr. Manish Shekhari, Advocate.

For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 1416 of 2019

IN THE MATTER OF:

Om Namah Shivay Logistics International Pvt. Ltd. ...Appellant

EPC Constructions India Ltd. & Ors. ....Respondents 2

For Appellant: Mr. Manish Shekhari, Advocate.

For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 1426 of 2019

IN THE MATTER OF:

Export - Import Bank of India ...Appellant

EPC Construction India Ltd. & Anr. ....Respondents

With Company Appeal (AT) (Insolvency) No. 1474 of 2019

IN THE MATTER OF:

Xylem Water Solutions India Pvt. Ltd. ...Appellant

EPC Construction India Ltd. & Ors. ....Respondents

For Appellant: Ms. Priya Singh, Advocate For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 1519 of 2019

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 3

IN THE MATTER OF:

UCO Bank ...Appellant

Abhijit Guhathakurta & Ors. ....Respondents

For Appellant: Mr. Bishwajit Dubey, Mr. Madhav Kanoria, Ms. Srideepa Bhattacharya and Ms. Aishwarya Gupta, Advocates For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

with Company Appeal (AT) (Insolvency) No. 01 of 2020

IN THE MATTER OF:

Slipco Constructions Pvt. Ltd. ...Appellant

EPC Constructions India Ltd. & Ors. ....Respondents

For Appellant: Mr. Utkarsh Singh, Advocate

For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 14 of 2020

IN THE MATTER OF:

EPC Constructions India Ltd. ...Appellant

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 4

SREI Equipment Finance Ltd. ....Respondent

For Appellants: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate For Respondents: Mr. Shambo Nandy and Mr. Arijit Mazumdar, Advocates.

With Company Appeal (AT) (Insolvency) No. 42 of 2020

IN THE MATTER OF:

Gujarat Maritime Board ...Appellant

Abhijit Guhathakurta, Resolution Professional of ....Respondents EPC Constructions India Ltd. & Anr.

For Appellant: Mr. Gursharan H. Virk, Mr. Nakul Mohta, Advocates. For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 134 of 2020

IN THE MATTER OF:

Government of India, Through ...Appellant Office of the Assistant Commissioner, GST & Central Tax, Cuttack - II Division

Abhijit Guhathakurta, Resolution Professional of EPC Constructions India Ltd. & Ors. ....Respondents

For Appellant:

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 5

For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate

With Company Appeal (AT) (Insolvency) No. 144 of 2020

IN THE MATTER OF:

Government of India, Through ...Appellant Office of the Assistant Commissioner, GST & Central Excise, Bhubaneswar - II Division

Abhijit Guhathakurta, Resolution Professional, ....Respondent

For Appellant:

For Respondents: Mr. Swarnendu Chatterjee, Advocate for Liquidator Ms. Vatsala Bhatt, Advocate Mr. Abhijet Guhathakurta (Liquidator) Mr. Abhishek Swaroop, Advocate ORDER

(Virtual Mode)

22.09.2021: In terms of Order dated 17.08.2021, Learned Counsel for the

Liquidator has filed hard-copy of Additional Affidavit which is taken on record.

2. Heard Learned Counsel for the parties. From the perusal of paragraph 6

of the Additional Affidavit, it reveals that a coordinate bench of this Appellate

Tribunal on 16.06.2021 was pleased to allow withdrawal of an appeal, being

Company Appeal (AT) Insolvency No. 13 of 2020, on the ground that the

Liquidation proceedings have been initiated against the Corporate Debtor vide

the Liquidation Order dated 07.05.2021.

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 6

3. The Order of withdrawal dated 16.06.2021 passed by this Tribunal in I.A.

No. 1035 of 2021 in Company Appeal (AT) Insolvency NO. 13 of 2020 read as

under:

"16.06.2021: Heard Advocate Shri Utkarsh Singh. It is stated that the Company Appeal (AT) (Insolvency) No. 13 of 2020 was filed when Interim Resolution Professional (IRP) only partly admitted the claims of the Appellants. It is stated that now the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor is at the stage of liquidation and the Appellants have filed or would be filing their claims with the Liquidator. It is thus stated that the Appellants have decided to withdraw the Appeal. Learned Counsel states that the Affidavit for withdrawal has been filed by Director Shri Mahesh Dievasigamani who is the authorized person on behalf of all the Appellants. Learned Counsel states that the Appellants want to withdraw the Appeal unconditionally.

2. Learned Counsel for the Liquidator submits that there are other Appeals also which would become infructuous because the matter is now at the stage of liquidation. The Learned Counsel may give the list to the Court Master.

3. For reasons stated in the Interlocutory Application No. 1035 of 2021 and submissions made by the Learned Counsel for the Applicants, the Appeal is disposed.

4. Company Appeal (AT) (Insolvency) No. 13 of 2020 is disposed as withdrawn without liberty to challenge the same impugned order.

5. No costs."

4. Learned Counsel for the Appellants submits that as the matter has gone

into the liquidation process, the Appeals bearing no. Company Appeal (AT) (Ins.)

No. 1157 of 2019, Company Appeal (AT) (Ins.) No. 1413 of 2019, Company Appeal

(AT) (Ins.) No. 1416 of 2019, Company Appeal (AT) (Ins.) No. 1426 of 2019,

Company Appeal (AT) (Ins.) No. 1519 of 2019, Company Appeal (AT) (Ins.) No. 01

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 7

of 2020, Company Appeal (AT) (Ins.) No. 134 of 2020 and Company Appeal (AT)

(Ins.) No. 144 of 2020 have also become infructuous in the light of Liquidation

Order dated 07.05.2021 passed by Ld. NCLT, Mumbai Bench-Court II in I.A. No.

1623 of 2019 in CP(IB) 1832/MB/C-II/2017.

5. However, Learned Counsel for the Appellants appearing in Company

Appeal (AT) (Ins.) No. 1474 of 2019 and Company Appeal (AT) (Ins.) No. 14 of

2020 submits that these Appeals have not become infructuous as these two

Appeals have not been covered by the Order of Liquidation dated 07.05.2021

passed by NCLT, Mumbai Bench. List these two Appeals separately 'For

Directions' on 23rd November, 2021.

6. In Company Appeal (AT) (Ins.) No. 42 of 2020, Learned Counsel for the

Appellant-Mr. Nakul Mohta, Advocate submits that Operational Creditor has

filed its claim before the Resolution Professional who passed non-speaking order

and against that order, the Operational Creditor has filed the Application before

the Ld. NCLT, Mumbai Bench which was not considered by the Adjudicating

Authority and the Adjudicating Authority passed order in M.A. No. 2738 of 2019

and M.A. No. 354 of 2019 in CP No. 1832/IBC/NCLT/MB/MAH/2017 dated

20.09.2019 whereby I.A. No. 2738 of 2019 was dismissed and I.A. No. 354 of

2019 was rejected as the Resolution Plan of Royal Partners Investment Fund

Limited has been approved by a majority of 73.17% of the creditors.

7. In view of the submissions made on behalf of Learned Counsel for the

Appellant in Company Appeal (AT) Ins. No. 42 of 2020, this Appeal also stand

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020 8

dismissed as withdrawn. Learned Counsel for the Appellant in Company Appeal

(AT) Ins. No. 42 of 2020 may raise issues and grievances before the Liquidator.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

Basant/Kam.

Com. App. (AT) (Ins.) No. 1157, 1413,1416,1426,1474,1519/2019 & 01/2020, 14/2020, 42/2020, 134/2020, 144/2020

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