Mr. Aziz Hussain vs Tata Hitachi Construction Machinery Co ...

Company Appeal (AT) (Insolvency) No. 1576 of 2023 & I.A. No. 5744,5678 of 2023

IN THE MATTER OF:

Aziz Hussain ...Appellant

Versus

Tata Hitachi Construction Machinery Company Pvt. ...Respondents Ltd. & Anr.

Present: For Appellant : Advocate Pai Amit, Advocate Bhavana Duhoon, Advocate Vanshika Dubey For Respondents :

ORDER

(Hybrid Mode)

15.12.2023: This Appeal has been filed against the Order dated 02nd

August, 2023 by which order I.A. No. 380/KB/2022 which was filed by the

Appellant has been rejected.

2. The Corporate Insolvency Resolution Process of the Corporate Debtor

commenced on 21st April, 2019. The Appellant herein who claims to be

erstwhile Managing Director of the Corporate Debtor filed the Application on

19th April, 2022 to recall the CIRP Order. The prayers made in the Application

were as follows:

"2. The interlocutory application being I.A. No. 380/KB/2022 has been filed by Mr. Aziz Husain, being the erstwhile managing director of the Corporate Debtor under section 76 of the Insolvency and Bankruptcy Code, 2016 2

(IBC) seeking the following reliefs against the Respondents herein:

a) For Recall the order dated 21 October 2019 in the present company petition being C.P.(IB) No. 546/KB/2019;

b) Initiate appropriate actions and/or proceedings in accordance with law against the Respondent No. 1, the Corporate Debtor therein, for non-disclosure of dispute raised by the Respondent No. 2, the Operational Creditor therein;

c) Pass any other order/direction as this Adjudicating Authority may deem fit and proper in the facts and circumstances of the case."

3. The Adjudicating Authority rejected the Application taking the view that

the Adjudicating Authority is not satisfied with the viability of the reasons

submitted by the Appellant for delay in filing the Application. Admittedly, the

Application was filed after more than two and half years of initiation of CIRP

and whereas Liquidation Order also had already been passed on 28th May,

2021. After the Liquidation Order was passed, the Appellant had filed the

Application praying for recall of the CIRP order. We are of the view that the

Adjudicating Authority has rightly rejected the said application.

4. Learned Counsel for the Appellant submitted that certain concealment

and misstatement were made in the Petition filed for initiation of CIRP, we are

of the view that at the instance of the Appellant in the I.A. the Adjudicating

Authority has rightly not entertained any such statement.

Company Appeal (AT) (Insolvency) No.1576/2023 3

5. We do not find any error in the Order impugned however it shall be

however open for the Appellant to take such other remedy as available in law.

With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.1576/2023