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Pawan Sethi Shareholder Of Pcl And ... vs Union Bank Of India & Anr

National Company Law Appellate Tribunal15 December 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a financial creditor has sanctioned a one-time settlement (OTS) of the debt before the Adjudicating Authority admits an application under Section 7, the subsisting debt and default on which that application rests are no longer capable of supporting admission, so the Section 7 application cannot be sustained and the admission order must be set aside.

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) (Insolvency) No.1638 of 2023IN THE MATTER OF:

Pawan Sethi Shareholder Of PCL Oil and Solvents Ltd. & Ors. ...Appellant

Versus

Union Bank of India & Anr. ...Respondents

Present: For Appellant: Mr. Krishnendu Datta, Sr. Advocate with Mr. Rajat Sinha, Ms. Arveena Sharma, Ms. Komal Abrol and Ms. Pooja Mahajan, Advocates. For Respondents: Mr. Sanjay Bajaj and Mr. Shivam Thakkar, Advocates.

ORDER

15.12.2023: This Appeal arises out of order dated 04.12.2023 which has

been passed by the Adjudicating Authority admitting Section 7 application

filed by the Union Bank of India. The Bank has filed the application alleging

debt and default. The Adjudicating Authority heard the parties and reserved

the order on 15.09.2023. After the order was reserved, an OTS was sanctioned

by the Bank on 04.10.2023, which letter has been brought on the record at

page 76, where Bank has sanctioned the OTS. The said letter was brought to

the notice of the Adjudicating Authority by I.A. No. 5018 of 2023, by other

shareholder of the Corporate Debtor where the deferment was sought of the

pronouncement. However, the Adjudicating Authority by the impugned order

pronounced the order admitting Section 7 application.

2. We have heard learned counsel for the Appellant as well as learned

counsel appearing for the Bank.

Cont'd.../ -2-

3. It is not disputed by learned counsel for the Bank that Bank has

sanctioned the OTS on 04.10.2023. In view of the sanction of OTS it cannot

be said that there was any debt or default enabling the Financial Creditor to

proceed under Section 7. We, thus, are of the view that order dated

04.12.2023 is unsustainable. Order dated 04.12.2023 is set aside and Section

7 application filed by the Bank is dismissed. Liberty is granted to the Bank to

revive this appeal as and when any occasion arises. Appeal is disposed of

accordingly.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1638 of 2023

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