Hemalata Hospitals Limited vs Siba Kumar Mohapatra

Hemalata Hospitals Ltd. ....Appellant Vs. SIBA Kumar Mhapatra ...Respondent

For Appellant Mr. Tishampati Sen, Mr. Shubhanshu Gupta, Mr. Kartik Pant, Advocates. For Respondent Mr. Shouryendu Ray, Mr. Anshul Gondale, Mr. Vatsala Poddar, Advocates.

ORDER

(HYBRID MODE)

22.11.2023: This appeal has been filed against the order dated

09.08.2023 passed in I.A. No.2750 of 2022 which application was filed by the

Appellant praying for setting aside the termination of Service Agreement dated

01.09.2006, Lease Agreement dated 31.12.2013 along with Supplementary

Agreement dated 01.01.2014. The Corporate Debtor by the aforesaid Service

Agreement had permitted the Appellant to run certain facilities. The

Resolution Professional has terminated the Service Agreement and other Lease

Agreement to enable the Resolution of the Corporate Debtor. The Adjudicating

Authority by the impugned order has rejected the application taking the view

that the Appellant was related party and hence, the Resolution Professional 2

has rightly terminated the agreements and there was no approval by the CoC

to continue the related party transactions.

2. We are of the view that since the Corporate Debtor is to be resolved and

Resolution Plan has already been approved by order of the same date i.e.

09.08.2023, the Appellant who was permitted by a Service Agreement and

Lease Agreement to carry certain facilities can no longer continue after

approval of the Resolution Plan, hence, due to the above reason, we are not

inclined to entertain the appeal. There is no merit in the Appeal. The Appeal

is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Anjali/nn

Company Appeal (AT) (Insolvency) No. 1483 of 2023 & I.A. No. 5318 of 2023