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Mr. Deepak Raheja vs Idbi Trusteeship Services Limited & Anr

National Company Law Appellate Tribunal5 March 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

At the stage of appointment of an interim resolution professional under Section 95 of the Insolvency and Bankruptcy Code, 2016, objections going to the merits of the admission of the application, including the contention that the security trustee lacked jurisdiction to invoke the guarantee, are not to be entertained; such issues are to be raised before the Adjudicating Authority at the stage of admission or rejection under Section 100, and by way of objection to the report of the Resolution Professional, in accordance with the position laid down by the Supreme Court in Dilip B Jiwrajka v. Union of India.

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) (Ins.) No. 474 of 2024IN THE MATTER OF:

Deepak Raheja ...Appellant

Versus

IDBI Trusteeship Services Ltd. ...Respondent

Present: For Appellant: Ms. Shweta Bharti, Mr. Arjesh Kumar Shankar, Mr. Srihari, Mr. Rohit Jolly, Ms. Bheeni Goyal, Mr. Harshal Sareen, Advocates. For Respondent: Mr. Deepak Bashta, Advocate for R-2.

ORDER

(Hybrid Mode)

05.03.2024: This Appeal has been filed against order dated 06.02.2024

passed by the Adjudicating Authority on an application filed under Section

95 by which order the Resolution Professional has been appointed.

2. Learned counsel for the Appellant challenging the order submits that

the Security Trustee has no jurisdiction to invoke guarantee.

3. We are of the view that at the stage when Resolution Professional has

been appointed, all these issues which are sought to be raised by the

Appellant cannot be raised and can be raised when application comes for

admission or rejection under Section 100 before the Adjudicating Authority.

The above position of law has been laid down by the Hon'ble Supreme Court

in "Dilip B Jiwrajka vs. Union of India & Ors., Writ Petition (Civil) No.1281 of

2021" decided on 09.11.2023.

Cont'd.../ -2-

4. We thus following the aforesaid judgment are of the view that this

appeal cannot be entertained at this stage. It is open for the Appellant to

raise all issues before the Adjudicating Authority and it is also open to the

Appellant to file objection to the report of the Resolution Professional. With

these observations we dispose of this appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.474 of 2024

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