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Punjab National Bank vs K. Periyasamy & Ors

National Company Law Appellate Tribunal30 August 2019

Ratio decidendi

The rule this decision rests on

A financial creditor cannot raise, before the Adjudicating Authority or on appeal, an objection that a resolution applicant is ineligible under Section 29-A of the Insolvency and Bankruptcy Code, 2016, because that question is one for the Committee of Creditors to decide under Section 30(4). Section 29-A eligibility of a promoter, where the corporate debtor is a Micro, Small and Medium Enterprise, is not attracted, so the promoter cannot on that account be held ineligible.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Company Appeal(AT)(Insolvency) No. 646 of 2019 IN THE MATTER OF: Punjab National Bank ...Appellant Vs K Periyasamy & Ors. ....Respondents Present: For Appellant: Ms. Khushboo Aggarwal, Mr. Vibhu Sharma and Mr. Rajesh Kumar Gautam, Advocates For Respondents: Mr. T.R. Sundaram, Advocate for Respondent Nos. 1 & 2. Mr. Manivannan, Advocate for RP

ORDER

30.08.2019 Learned Counsel for the Appellant- Punjab National Bank

while challenging the order dated 01.05.2019 submitted that the Adjudicating

Authority (National Company Law Tribunal), Single Bench, Chennai has directed

to consider the Resolution Plan submitted by the Promotor of the 'Corporate

Debtor' as it cannot be applicable being barred under Section 29-A of Insolvency

and Bankruptcy Code, 2016 (in short 'IBC').

However, we are not going to deliberate the issue as one 'Financial

Creditor' cannot take such plea in terms of Section 30(4) of IBC. The 'Committee

of Creditors' will have to take decision whether the Promotor is barred by any of

the parts of Section of 29-A of IBC which has not yet been taken. It is made clear

that if the 'Corporate Debtor' is a Micro, Small & Medium Enterprises (MSME),

the question of Section 29-A of IBC will not be attracted and as such with regard

to Promotor it cannot be held that they are ineligible.

Company Appeal(AT)(Insolvency) No. 646 of 2019 Page 1 of 2

For the reasons aforesaid, we are not inclined to interfere with the

impugned order dated 01.05.2019.

The appeal is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice A.I.S. Cheema] Member (Judicial)

(Kanthi Narahari) Member(Technical) Akc/Gc

Company Appeal(AT)(Insolvency) No. 646 of 2019 Page 2 of 2

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