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Lok Nath Sharma vs Kuldeep Verma

National Company Law Appellate Tribunal20 March 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where the Liquidator has invited schemes in a liquidation and a scheme has been validly rejected on its merits, the prayer to direct the Liquidator to reconsider that scheme, or to restart the scheme-invitation process, is not sustainable merely because the adjudicating authority had observed that the proponent of the rejected scheme was ineligible to submit it; the scheme-invitation process does not need to be repeated where the scheme of the appellant has been rejected on valid grounds.

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.195 of 2023& I.A. No.709 of 2023IN THE MATTER OF:

Lok Nath Sharma ...Appellant

Versus

Kuldeep Verma Liquidator K S Oils Ltd. ...Respondent

Present: For Appellant: Mr. Abhishek Anand, Mr. Milan Singh Negi, Mr. Nikhil Kumar and Ms. Dacchita Shahi, Advocates. For Respondent: Mr. Vivek Sibal, Sr. Advocate with Mr. Rahul Sharma, Advocate.

ORDER

20.03.2023: Heard learned counsel for the Appellant. This Appeal has

been filed against order dated 06.01.2023 passed by the Adjudicating

Authority by which IA/47(MP)2022 filed by the workmen of the Corporate

Debtor has been rejected. The IA/47(MP)2022 was filed by the workmen under

Section 60 Sub-section (5) against the Liquidator seeking directions to the

Liquidator for convening the meeting of Stakeholder Consultation Committee

to consider the scheme dated 24.02.2022 of Jammu Pigments and to restrict

the Liquidator from proceeding with sale of the Corporate Debtor. The Scheme

which was filed by the Jammu Pigments could not be approved and was

rejected by the same order dated 06.01.2023, against which order Jammu

Pigments has also filed an appeal being Company Appeal (AT) (Ins.) No. 188 of

2023 which has been dismissed by this Tribunal on 17.03.2023.

Cont'd.../ -2-

2. The prayers made by the Appellant in the present Appeal was to consider

the scheme of Jammu Pigments which was filed under Section 230. This

Court already having found that the rejection of the scheme of Jammu

Pigments was on valid grounds, we see no reason to issue any direction as

prayed in the Appeal.

3. Learned counsel for the Appellant submits that the process which was

undertaken by the Liquidator, in view of the observations made by the

Adjudicating Authority in Para 18 of the impugned order, was not in

accordance with law. It is submitted that it having found that the propounder

of the Scheme is not eligible to submit the scheme, the entire process has to

run afresh.

4. We are not convinced to accept this submission of the Appellant. When

the scheme was invited by the Liquidator, the Appellant as well as all other

applicants were entitle to file scheme and the scheme under Section 230 filed

by the Appellant having been rejected, there is no occasion to direct the

Liquidator to again start the process. We see no reason to entertain this

Appeal. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 195 of 2023

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