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M/S. Teestavalley Power Transmission ... vs M/S Abir Infrastructure Pvt. Ltd

National Company Law Appellate Tribunal18 January 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal declined to interfere with the Adjudicating Authority's order rejecting a creditor's claim that was pending in arbitration, and held that the rejection does not bar the appellant from enforcing any arbitral award it may obtain under the law, the impugned order not standing in the way of its execution.

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. 28 of 2022

IN THE MATTER OF: M/s Teestavalley Power Transmission Ltd. ...Appellant Vs. M/s Abir Infrastructure Pvt. Ltd. Through its Resolution Professional ...Respondent

Present: For Appellant: Dr. U.K.Chaudhary, Sr. Advocate, Mr. Arun Gupta, Advocates For Respondent: Ms. Rakhi Ray, Advocate for R1, RP Mr. P.Ramesh Babu, Advocate

ORDER

(Through Virtual Mode)

18.01.2022: This appeal has been filed against the order dated

28.10.2021 passed by the 'Adjudicating Authority' in IA No. 3534/2021 filed

by the Appellant. Appellant has filed its claim which was not entertained by

the RP. He has filed the IA seeking acceptance of his claim.

2. The case of the Appellant was that there is already an 'Arbitration

Proceedings' going on with regard to claim of the Appellant qua the 'Corporate

Debtor' and in the impugned order, no credence have been given to such

arbitration proceeding and in the event, the claim is accepted by the Tribunal,

the rejection of claim may have adverse effect on the rights of the Appellant.

3. We are of the view that there is no ground to entertain this appeal

challenging the order of the 'Adjudicating Authority'.

4. We only observe that if the arbitration proceedings result in any award

in favour of the Appellant, it shall be open to the Appellant to take such

remedy as permissible under the law and impugned order shall not be come

in his way in execution of the Arbitral Award. Company Appeal (AT) (Ins) No. 28 of 2022 1 With the above observations, the appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 28 of 2022 2

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