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R. Balasubramanian vs Abb India Ltd & Anr

National Company Law Appellate Tribunal18 February 2020

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal will not entertain an appeal against an interlocutory order of the Adjudicating Authority where that Authority has not yet taken a final decision on the application under Section 12A of the Insolvency and Bankruptcy Code, 2016 for withdrawal of a Section 9 application; such an appeal is premature and is declined at that stage, the issues raised being left open to be agitated at an appropriate stage.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Ins) No.282 of 2020IN THE MATTER OF:

R. Balasubramanian ...Appellant

Versus

M/s. ABB India Ltd. & Anr. ...Respondents

For Appellant: Shri Rajiv Ranjan, Sr. Advocate with Shri Saurabh Jain, Advocate

For Respondents: Shri Smarth Arora, Advocate (R-2)

ORDER

18.02.2020 Heard Counsel for Appellant. It is stated that this Tribunal

had by Order dated 17th January, 2020 passed in Company Appeal (AT) (Ins)

No.1431 of 2019 sent back the matter to the Adjudicating Authority (National

Company Law Tribunal, Division Bench - I, Chennai) due to settlement

between the Operational Creditor and the Corporate Debtor which was dated

7th January, 2020. It is stated that COC (Committee of Creditors) has yet not

been constituted and that when this Tribunal sent back the matter to the

Adjudicating Authority for taking action in terms of Section 12A of Insolvency

and Bankruptcy Code, 2016 (IBC - in short) read with Regulation 30A to seek

appropriate remedy, according to the learned Counsel, the only option

available for the Adjudicating Authority was to accept the settlement. It is

stated that Regulation 30A does not require sending Notice to the Financial

Creditors which are banks and seek their response to the Application for

withdrawal. The learned Counsel states that there are various Judgements -2-

passed by this Tribunal where the settlements have been accepted by this

Tribunal even in the Appeal.

We have gone through the Impugned Order and we keep in view

Para - 79 of the Judgement in the matter of "Swiss Ribbons Pvt. Ltd. & Anr.

vs. Union of India & Ors." reported as 2019 SCC OnLine SC 73. It appears

to us that as per the Impugned Order, the Adjudicating Authority is yet to

take a final decision with regard to the Application filed under Section 12A for

withdrawal of the Application which had been admitted under Section 9 of

IBC. It appears to us that the Appeal is premature and we decline to entertain

the Appeal at this stage. The issues being raised can be considered at an

appropriate stage.

The Appeal is disposed. No Orders as to costs.

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

(Justice A.B. Singh) Member (Judicial)

[Kanthi Narahari] Member (Technical)

/rs/md

Company Appeal (AT) (Ins) No.282 of 2020

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