Mr. Bhim Sain Goyal vs Myntra Designs Private Limited & Anr

IN THE MATTER OF: Bhim Sain Goyal ...Appellant

Versus

Myntra Designs Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. P.K. Sachdeva, Advocate for RP.

For Respondents : Mr. Manish K. Jha & Mr. Kumar Kislay, Advocates.

ORDER

01.06.2023 This Appeal has been filed by the Appellant challenging the

order dated 13.01.2023 passed by the Adjudicating Authority (National

Company Law Tribunal, New Delhi Bench) passed in I.A. No. 668/ND/2021

in CP (IB) No. 2516 (ND)/2019, by which the Adjudicating Authority had

disposed of the I.A. No. 668/ND/2021 filed with the Resolution Professional.

2. The Resolution Professional by the I.A has made the following prayers:-

"(a) Pass the orders that the Respondent to provide complete details of the entries passed in the account of CD in their books and make payment of balance amount along with interest without any further delay.

(b) Pass such other order(s) which the Hon'ble Tribunal may deem fit and proper in the facts of the case."

3. Learned Counsel for the Appellant submits that the prayer which was

made in the Application to make payment was as per the admitted amount by

them which is a reflected from the statement of accounts shared to the

Resolution Professional. Counsel appearing on behalf of the Respondent Nos.

1 & 2 refuted the submission regarding the entitlement of amount.

4. The Adjudicating Authority after hearing the parties has passed the

following directions which is mentioned in paragraph 14, which read as

under:-

"In view of the above, the Application is Dismissed with a direction to the Applicant/ RP to immediate necessary steps to seek appropriate remedy in accordance with law for recovery of the dues of the Corporate Debtor and file the status report by 15.02.2023."

5. The Adjudicating Authority has observed that is shall be open for the

Resolution Professional to take immediate necessary steps to seek appropriate

remedy in accordance with law for recovery of the dues of the Corporate

Debtor. The Resolution Professional thus is entirely free to take all necessary

steps for recovery of the amount as per its claim.

6. We are of the view that in exercise of power under Section 19 Sub-

section (2) no such directions could have been issued for recovery of the

amount. The Adjudicating Authority has rightly granted liberty to the

Resolution Professional to take steps

7. With the aforesaid observations we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Naresh Salecha] Member (Technical) Sim/nn

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