Mr. Ayush Goel vs Vistra Itcl (India) Limited
- CitationCompany Appeal (AT) (Insolvency) No. 1284 of 2024
Ratio decidendi
The rule this decision rests on
The appeal against an order appointing an interim resolution professional under Section 95(1) of the Insolvency and Bankruptcy Code, 2016, is not to be entertained at the pre-admission stage; all questions raised against such an appointment must be agitated when the application comes up for admission or rejection under Section 100, in view of the Supreme Court's decision in Dilip B Jiwrajka v. Union of India.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Ayush Goel ....Appellant Vs. Vistra ITCL (India) Ltd. & Anr. ...Respondents For Appellant Mr. Dinkar Kumar, Advocate. For Respondents Mr. Abhijeet Sinha, Sr. Advocate with Mr. Ankur Singh, Ms. Pallavi Sengupta, Mr. Saikat Sarkar, Advocates. Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Komal Harlalka, Advocates for RP
Company Appeal (AT) (Insolvency) No. 1306 of 2024 & I.A. No. 4732 of 2024
In the matter of: Anita Goyal ....Appellant Vs. Vistra ITCL (India) Ltd. & Anr. ...Respondents For Appellant Mr. Dinkar Kumar, Advocate. For Respondents Mr. Abhijeet Sinha, Sr. Advocate with Mr. Ankur Singh, Ms. Pallavi Sengupta, Mr. Saikat Sarkar, Advocates. Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Komal Harlalka, Advocates for RP
ORDER
(Hybrid Mode)
19.07.2024: This Appeal has been filed against the order dated
29.04.2024 passed by the Adjudicating Authority (National Company Law
Tribunal), New Delhi, Principal Bench by which in an application filed under
Section 95(1), Resolution Professional has been appointed. 2
2. Learned Counsel for the Appellant submits that the Appellant is taking
steps to settle the matter with the Financial Creditor.
3. Learned Counsel for the Financial Creditor submits that no settlement
has yet been arrived and the report of Resolution Professional has also been
filed under Section 99 to which reply has been filed by the Appellant.
4. This Appeal has been filed against the order appointing the Resolution
Professional. In view of the judgment of the Hon'ble Supreme Court in "Dilip
B Jiwrajka vs. Union of India & Ors.- WP (Civil No.1281 of 2021)", all
issues have to be agitated at the time when the application come for
admission/ rejection under Section 100. We, thus, are of the view at present
the Appeal cannot be entertained leaving all questions open for consideration
in the proceeding including settlement, if any. Appeals are dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical)
Anjali/nn
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