Miss Lucy
← All judgments

P.V. Nidhish vs Dr. N.P. Kamalesh & Anr

National Company Law Appellate Tribunal3 December 2019

Ratio decidendi

The rule this decision rests on

The order does not decide any legal principle of its own. It disposes of the appeals by directing the Adjudicating Authority to pass an appropriate order on the parties' settlement and withdrawal application, in terms of the Supreme Court's decision in Swiss Ribbons Pvt. Ltd. v. Union of India, taking into account other factors including any claims of other parties. The reasoning rests on that direction, which applies a Supreme Court decision without restating or elaborating what it holds. NO_RATIO: the order disposes of the appeals by a bare direction to apply Swiss Ribbons, without setting out any reasoning of its own or stating what that decision held.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 1130 of 2019IN THE MATTER OF:

P. V. Nidhish ...Appellant Versus OCS Group India Pvt. Ltd. & Anr. ...Respondents Present: For Appellant : Ms. Liz Mathew and Ms. Sonali Jain, Advocates

For Respondents : Mr. Ahsan Ahmad and Mr. Shailendra Pandey, Advocates for 1st Respondent Mr. Bijoy P. Pulipra, IRP Mr. Sumant Nayak, Ms. Isha J. Kumar and Ms. Shraddha Chaudhry, Advocates for Financial Creditors and LIC

WITH

Company Appeal (AT) (Insolvency) No. 1131 of 2019

IN THE MATTER OF:

P. V. Nidhish ...Appellant Versus Dr. N.P. Kamlesh & Anr. ...Respondents Present: For Appellant : Ms. Liz Mathew and Ms. Sonali Jain, Advocates For Respondents : Mr. Ahsan Ahmad and Mr. Shailendra Pandey, Advocates for 1st Respondent Mr. Bijoy P. Pulipra, IRP Mr. Sumant Nayak, Ms. Isha J. Kumar and Ms. Shraddha Chaudhry, Advocates for Financial Creditors and LIC Mr. Anurag Bhat and Lokesh Patnaik, Advocates for Intervenor

ORDER

03.12.2019 One Dr. N.P. Kamlesh and M/s. OCS Group (India) Pvt. Ltd.

(Operational Creditors) filed application(s) under Section 9 of the 'Insolvency and

Bankruptcy Code, 2016 (for short, 'the I&B Code') for initiation of the 'Corporate -2-

Insolvency Resolution Process' against 'PVS Memorial Hospital Pvt. Ltd.' The

Adjudicating Authority (National Company Law Tribunal), Kochi Bench, Kochi

by impugned order dated 16th October, 2019 having admitted the application,

the present appeal has been preferred by one of the Directors.

Earlier when the matter was taken up, learned counsel for the Appellant

submitted that the Appellant intends to settle the matter with the 'Operational

Creditors' and the 'Committee of Creditors' have not been constituted.

Accordingly, they were allowed time to settle the matter.

Today, it is informed that the parties have settled the matter and the

application for withdrawal has been filed before the 'Interim Resolution

Professional', who asked some clarification from the Adjudicating Authority

(National Company Law Tribunal), Kochi Bench, Kochi and the Adjudicating

Authority by an order dated 2nd December, 2019 clarified the same.

In the circumstance, we direct the Tribunal to pass appropriate order in

terms of the decision of the Hon'ble Supreme Court in ''Swiss Ribbons Pvt. Ltd.

& Anr. vs. Union of India & Ors.- '2019 SCC Online SC 73' taking into

consideration the other factors including the claim, if any, made by other parties.

The appeal is disposed of with aforesaid direction. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)

[Justice Venugopal M.] Member (Judicial)

/ns/sk

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free