Multi Talent Human Resources Private ... vs Mr. Surendera Raj Gang Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 1383 of 2025
Ratio decidendi
The rule this decision rests on
The appellate tribunal's order dated 26.05.2025 merely records an earlier order and directs release of the admitted amount on acknowledgment; it does not reopen or re-decide the merits of the earlier order dated 26.03.2025, and so it does not give the appellant a fresh cause of action to challenge that earlier order. An appeal that challenges only a consequential or implementing direction, where the underlying order has itself not been appealed within time, cannot be used to question the merits of that underlying order, and such an appeal is liable to be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Multi talent Human Resources Pvt. Ltd. ...Appellant Versus Surendera Raj Gang, RP, Metenere Ltd. & Ors. ...Respondents
Present: For Appellant : Ms. Purti Gupta, Ms. Henna George, Ms. Sunidhi Sah, Advocates. For Respondents : Mr. Vaijayant Paliwal, Mr. Nikhil Mathur, Advocates for R-1. Mr. Ankur Mittal, Ms. Sabhya Jain, Ms. Muskan Jain, Advocates for R-2 (NARCL).
ORDER
(Hybrid Mode)
18.09.2025: I.A. No. 5410 of 2025: This is an application praying for
condonation of 14 days' delay in filing eh appeal. The ground taken in the
application is that after order was passed on 26.05.2025, the Appellant took
legal advice and engaged counsel and it took time to arrange and collate
documents from the advocate who was handling the matter in the
Adjudicating Authority. We find sufficient cause to condone the delay. Delay
condoned. I.A. No.5410 of 2025 is disposed of.
2. This appeal has been filed against order dated 26.05.2025 passed in
I.A. No.4177 of 2024. The Appellant has filed I.A. No.4177 of 2024 seeking a
direction to make payment of Rs.5,65,02,247/-. The said application came
for consideration on 26.03.2025. The Adjudicating Authority by order dated
Cont'd.../ 26.03.2025 held that the Appellant has no entitlement for interest component
and the amount to be paid to the Appellant was quantified as
Rs.3,11,76,576/-. In three other applications orders were passed directing
for payment except interest. On the request and consent of the parties, the
matter was listed on 16.04.2025. On 26.05.2025, impugned order was
passed. Order dated 26.05.2025 in I.A. No.4177 of 2024 is as follows:
"IA-4177/2024, IA-4178/2024, IA-4466/2024 and IA-4900/2024
In our order dated 26.03.2025, in Para No. 21, we had allowed the applications directing that the amounts admitted by the then RP on the actual amounts due on goods and services rendered shall be paid over to the applicants out of the money deposited in the State Bank of India. In the light of the above order, State Bank of India, CGO Complex Branch is directed to release the below mentioned amounts in favour of the following applicants:
Sl. IA No. Name of Amount No. Applicant
1 IA-4177/2024 Multi Talent of Rs.3,11,76,576/-(Indian Human Rupees Three crore Resources Eleven Lakh Seventy Six
Private Limited Thousand Five Hundred Seventy-Six only).
2 IA-4178/2024 Cera Thermal Rs.8,78,235/- Indian Technology Rupees Eight Lakh
Private Limited Seventy-Eight Thousand Two Hundred Thirty-Five only).
4 ΙΑ-4466/2024 Punjab Oil And Rs.1,74,58,865/-(Indian Machinery Rupees One Crore Stores Seventy-Four Lakh Fifty-
Comp. App. (AT) (Ins.) No. 1383 of 2025 2 of 4 Eight Thousand Eight Hundred Sixty-Five only 5 IA-4900/2024 Skar Rs. 43,86,136/-(Indian Technofab Pvt. Rupees Forty-three lakh Ltd. eighty-six thousand one hundred thirty-six only).
All these amounts are directed to be released to the applicants on proper acknowledgment with the proof duly signed by the counsels on record. These amounts to be released will be discharged from the FD Account No. 43775093176 with State Bank of India, CGO Complex Branch.
Accordingly, IA-4177/2024, IA-4178/2024, IA-4466/2024 and IA-4900/2024 stand disposed of."
3. Learned counsel for the Respondent submits that the order dated
26.03.2025 has already quantified the amount to which Applicant was
entitled and held that interest has not to be paid. The said order was not
challenged by the Appellant and in this appeal, Appellant cannot question the
earlier order passed on 26.03.2025.
4. We have considered the submissions of learned counsel for the parties
and perused the record.
5. In IA No.4177 of 2024 filed by the Appellant although Appellant has
claimed payment of Rs.5.65 Crore but Court held that Applicant was entitled
to Rs.3,11,76,576/- and held that no claim of interest is admissible and the
amount which was admitted by the Resolution Professional was directed to
be paid. Learned counsel for the Respondent submits that the said
amount has already been paid.
Comp. App. (AT) (Ins.) No. 1383 of 2025 3 of 4
6. We are of the view that in order dated 26.05.2025 which notes the
earlier order and direct for release of amount with acknowledgement is not an
opportunity to the Appellant to question the earlier order 26.03.2025. We do
not find any good ground to entertain the appeal. Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Comp. App. (AT) (Ins.) No. 1383 of 2025 4 of 4
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