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Rajesh Kumar Tripathi vs Sunil Kumar Gupta

National Company Law Appellate Tribunal1 June 2023

Ratio decidendi

The rule this decision rests on

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is maintainable only at the instance of a person who is an "aggrieved person"; a right of appeal conferred by the statute is available only to one whose own grievance is caused by the impugned order, and not to any person who is merely a stakeholder in another corporate debtor or who has no interest in the order under challenge. Where the appellant is not an allottee or stakeholder of the corporate debtor against whose liquidation order the appeal is filed, and has already had his claim admitted in the insolvency of a different company, he lacks locus standi as an aggrieved person and the appeal is not maintainable on that ground, so that the Tribunal need not consider the other grounds raised.

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

Judgment

As delivered

1NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Insolvency) No. 357 of 2020&I.A. No. 1925 of 2022IN THE MATTER OF:

Rajesh Kumar Tripathi ...Appellant

Versus

Era Housing & Developers (P) Ltd. & Ors. ...Respondents

Present:

For Appellant: Mr. Gaurav Mitra, Mr. Apoorv Agarwal & Mr. Manav Goyal, Advocates. For Respondents: Mr. Sanjay Bhatt, Ms. Apoorva Chowdhury & Ms. Aishwarya for R-2. Mr. Abhishek Anand, Mr. Karan Kohli, Mr. Sahil Bhalia, Mr. Vaibhav Mediralla & Mr. Sajal Jain, for R-3. Mr. Rachit Mittal, Mr. Panish Mishra & Ms. Pooja Kapur, for Intervenor.

JUDGMENT

Per: Justice Rakesh Kumar Jain:

This appeal is directed against the order dated 03.12.2019, passed by

the Adjudicating Authority (National Company Law Tribunal, Principal

Bench, New Delhi), by which an application bearing CA 331 (PB)/2019 filed

in CP (IB) No. 489 (PB)/2017 under Section 33 of the Insolvency and

Bankruptcy Code, 2016 (in short 'Code') by the Resolution Professional (RP)

seeking direction for liquidation of the Corporate Debtor 'M/s Era Housing &

Developers (India) Limited' has been allowed and Sunil Kumar Gupta has

been appointed as the Liquidator in terms of Section 34(1) of the Code.

Company Appeal (AT) (Insolvency) No. 357 of 2020 2

2. IFCI Limited, one of the Financial Creditor, filed an application under

Section 7 of the Code bearing IB-489(PB)/2017 to initiate the Corporate

Insolvency Resolution Process (in short 'CIRP') against the Corporate Debtor.

The application was admitted by the Adjudicating Authority on 08.02.2018

and Vikram Kumar was appointed as the Interim Resolution Professional

(IRP). In the first meeting of the Committee of Creditors (COC) held on

08.03.2013 the IRP was appointed as RP in the matter of the Corporate

Debtor. The RP filed CA 331(PB)/2019 under Section 33 of the Code for

initiation of liquidation process of the Corporate Debtor, inter alia, on the

ground that despite best efforts, no resolution plan has been received and

the CoC by way of 100% voting share resolved that the Corporate Debtor be

liquidated in accordance with the provisions of Section 33(2) of the Code and

the RP was further authorised to file an application before the Adjudicating

Authority under Section 33(2) of the Code for seeking liquidation of the

Corporate Debtor.

3. The Adjudicating Authority found that "in the facts and in the absence

of any approved resolution plan and for want of time bound statutory CIRP

period; there is no other alternative left but to order in conformity with the

unanimous decision of the CoC for liquidation of the Corporate Debtor

under Section 33(1)(a) of the Code". Since, the RP showed his inability to act

as a liquidator, therefore, the Adjudicating Authority appointed Sunil Kumar

Gupta as the Liquidator and issued further directions.

4. The order dated 03.12.2019 has been challenged in this appeal by

Rajesh Kumar Tripathi who is allegedly one of the allottees in the project,

Company Appeal (AT) (Insolvency) No. 357 of 2020 3

namely, Era Green World, Sector 8, Palwal, District Faridabad. He has filed

this appeal making categorical averment in Para 7.2 of the facts that he is

representing a group of allottees who have been allotted units in the project

'Era Green World' being developed by Adel Landmarks (Parent Company).

The payments have been made by the allottees for their respective units to

the Parent Company, however, the land was held by the subsidiaries i.e.

Mehak Realtech Pvt. Ltd., Sachet Infrastructure Pvt. Ltd., Sameeksha

Estates Pvt. Ltd., Magad Realtors Pvt. Ltd., Digamber Buildcon Pvt. Ltd. and

Jamvant Estates Pvt. Ltd. (Subsidiary Companies) at Palwal in Sector 8 and

9 in terms of the licences no. 46 of 2009 and license no. 53 of 2009 issued

in their favour by the town and country planning department, Govt. of

Haryana.

5. It is alleged that the impugned order passed by the Adjudicating

Authority is contrary to the order passed by this Appellate Tribunal in CA

(AT) (Ins) No. 377 of 2019 titled as 'Edelweiss Asset Reconstruction

Company Limited Vs. Sachet Infrastructure Pvt. Ltd.'

6. It is pertinent to mention that Edelweiss Asset Reconstruction

Company Ltd. filed CP No. (IB) 1083(PB) of 2018 against the parent

company (Adel Landmarks) under Section 7 of the Code which was admitted

by the Adjudicating Authority on 05.12.2018 and Udayraj Patwardhan was

appointed as IRP.

7. It is also pertinent to mention that Edelweiss Asset Reconstruction

Ltd. also filed an application under Section 7 of the Code for initiation of

CIRP against the subsidiary companies which was dismissed on 07.03.2019.

Company Appeal (AT) (Insolvency) No. 357 of 2020 4

8. Against the order of dismissal 07.03.2019, Edelweiss Asset

Reconstruction Company Limited came up with nine appeals before this

Tribunal, namely, CA (AT) (Ins) No. 377 of 2019, CA (AT) (Ins) No. 378 of

2019, CA (AT) (Ins) No. 379 of 2019, CA (AT) (Ins) No. 380 of 2019, CA (AT)

(Ins) No. 381 of 2019, CA (AT) (Ins) No. 382 of 2019, CA (AT) (Ins) No. 383 of

2019, CA (AT) (Ins) No. 384 of 2019 and CA (AT) (Ins) No. 385 of 2019.

9. It is pertinent to mention that while CIRP was going on against the

principal borrower 'Adel Landmarks', Edelweiss Asset Reconstruction

Company Limited, in whose favour Corporate Guarantee was given by other

Corporate Guarantors for securing the loan disbursed to the Adel

Landmarks (Principal Borrower), separate applications under Section 7 of

the Code were filed by the Financial Creditors and on dismissal of the

applications, aforesaid nine appeals were filed which were taken up together

by this Tribunal and in its order dated 20.09.2019 held that "for the said

reasons, we hold that group CIRP proceeding is required to be initiated

against five Corporate Debtors, namely, Sachet Infrastructure Pvt. Ltd.,

Magad Realtors Pvt. Ltd., Mehak Realtech Pvt. Ltd., Sameeksha Estate Pvt.

Ltd. and Jamvant Estates Pvt. Ltd. apart from the CIRP which has already

been initiated against Adel Landmarks Limited (Principal Borrower). This

Tribunal further made the following observations:-

"41. In view of our findings and as the Adjudicating Authority has failed to appreciate the relevant fact that in the facts and circumstances, a group insolvency is to be initiated and in absence of simultaneous 'Corporate Insolvency Resolution Process' against five 'Corporate Debtors' namely-- 'Sachet Infrastructure Pvt. Ltd.'; 'Magad Realtors Pvt. Ltd.'; 'Mehak

Company Appeal (AT) (Insolvency) No. 357 of 2020 5

Realtech Pvt. Ltd.'; 'Sameeksha Estate Pvt. Ltd.' and 'Jamvant Estates Pvt. Ltd.', the township project of Town and Country Planning, Haryana, will not be complete, we set aside the impugned order dated 7th March, 2019 and remit the case to the Adjudicating Authority with following directions

42. The Adjudicating Authority will admit the applications under Section 7 filed by 'Edelweiss Asset Reconstruction Company Limited' against 'Sachet Infrastructure Pvt. Ltd.'; 'Magad Realtors Pvt. Ltd.'; 'Mehak Realtech Pvt. Ltd.'; 'Sameeksha Estate Pvt. Ltd.' and 'Jamvant Estates Pvt. Ltd.' and appoint the 'Resolution Professional' of 'Adel Landmarks Limited'- (Developer) ('Principal Borrower') as common 'Resolution Professional' to ensure that the 'Corporate Insolvency Resolution Process' against 'Adel Landmarks Limited'- ('Corporate Debtor') proceed jointly and 'Information Memorandum' is prepared in a manner that the 'Residential Plotted Colony' at village Palwal at Sectors 8 & 9 in terms of the License No. 46 of 2009 and License No. 53 of 2009, is completed in one go by initiating a consolidated 'Resolution Plan(s)' for total development.

43. In so far the case of 'Superlative Infrastructure Pvt. Ltd.', 'Bhisham Infrastructure Pvt. Ltd.', 'Neeleshwar Mines & Minerals (India) Pvt. Ltd.' and 'Manogayan Estates Pvt. Ltd.' are concerned, their matter are remitted back to the Adjudicating Authority. The Appellant and the 'Corporate Debtors' may produce relevant Agreements to show that the 'Adel Landmarks Limited'- ('Principal Borrower') against which the 'Corporate Insolvency Resolution Process' has been initiated is common Developer. In such case, one or other 'Corporate Debtor' if show the same, the Adjudicating Authority on hearing the parties will admit their applications so as to enable the other projects are also completed of which 'Adel Landmarks Limited'- ('Principal Borrower') is the Developer.

Company Appeal (AT) (Insolvency) No. 357 of 2020 6

44. In the result, Company Appeal (AT) (Insolvency) Nos. 377, 379, 380, 381 & 385 of 2019 are allowed with directions as given above. Company Appeal (AT) (Insolvency) Nos. 378, 383, 382 and 384 of 2019 are remitted back to the Adjudicating Authority with observations and directions, as recorded above."

10. At the time of preliminary hearing of this appeal, this Tribunal passed

the following order on 02.03.2020:-

"After perusing the impugned order, we find that based on the decision of the 'Committee of Creditors' and having regard to the fact that the 'Corporate Insolvency Resolution Period' has expired, the Adjudicating Authority accepted the application of the 'Resolution Professional' and directed that the 'Corporate Debtor' be sent for 'Liquidation'. Learned counsel for the Appellant submits that the order is not sustainable in view of the order passed by this Appellate Tribunal on 20th September, 2019 in 'Edelweiss Asset Reconstruction Company Limited vs. Sachet Infrastructure Pvt. Ltd. - 'Company Appeal (AT) (Insolvency) No. 377 of 2019 & other connected appeals. The Appellant may satisfy us with regard to his locus standi to assail the decision of 'Committee of Creditors' being open to challenge. List the appeal on 24th March, 2020."

11. Thereafter, on 26.08.2020 liquidation proceedings were stayed.

During the pendency of this appeal, which was filed, impleading Sunil

Kumar Gupta as Liquidator of the Corporate Debtor as Respondent No. 1,

Adel Landmarks Ltd. through its RP as Respondent No. 2, Vikram Kumar,

RP as Respondent No. 3, Digamber Buildcon Pvt. Ltd. through its RP as

Respondent No. 4, Rational Buildcon Pvt. Ltd. through its RP as

Respondent No. 5, Golden Glow Estates Pvt.Ltd. through its RP as

Company Appeal (AT) (Insolvency) No. 357 of 2020 7

Respondent No. 6, Mansarovar Heritage Inn through its RP as Respondent

No. 7, Pawandoot Estates Pvt. Ltd. through its RP as Respondent No. 8 and

Angad Infrastructure Pvt. Ltd. through its RP as Respondent No. 9 were also

impleaded as party. However, the Appellant suffered a statement on

16.09.2022 that he would press this appeal only against the Respondent No.

1 to 3 and an application filed vide diary no. 38660 dated 22.08.2022 was

allowed with the following order:-

"Counsel for the Appellant has filed an application bearing diary no. 38660 dated 22.08.2022 by which the Appellant has sought to press this appeal only against Respondent No. 1 to 3 and deleting the rest of the Respondents i.e. 4 to 9. Counsel for the Appellant has submitted that no relief is being pressed against Respondent No. 4-9 and prayers made in the present appeal is confined only to Respondent No. 1 to 3. Counsel for Respondents No. 4 to 9 has not raised any objection about their deletion from the array of Respondents. The application is, thus, allowed. The registry is directed to assign a number of this application."

12. On the same day, in I.A. No. 1925 of 2022, notice was issued. The

Order passed is as under:-

"This application is filed by Art Construction Pvt. Ltd. invoking Rule 11 of NCLAT Rules, 2016. Notice in the Application. Counsel for the Appellant has submitted that he has no objection if the application is allowed as prayed. However, Counsel for Respondent No. 1 and 2 have submitted that they would to like to file their reply to the application. Counsel for the Applicant is directed to provide a complete set of application to both Respondent No. 1 and 2 within two days. Reply to application, if any, be filed by the non-applicants/Respondent No. 1 and 2 on or before 30th September, 2022. List again on 12th October, 2022."

Company Appeal (AT) (Insolvency) No. 357 of 2020 8

13. Thus, the present appeal is against Respondent No. 1 and 3 and

there is an intervener 'Art Construction Pvt. Ltd. and consequent upon the

deletion of Respondent No. 4 to 9 from the array of the Respondent, the

Appellant has also filed the amended memo of parties.

14. Although, the Appellant has filed this appeal, but during the course of

hearing, Counsel for the Appellant has restricted his prayer to prayer A and

B regarding setting aside of the order of liquidation in view of the decision in

CA (AT) (Ins) No. 377 of 2019 and stay of execution of the order in the

meantime.

15. Counsel for the Appellant has submitted that the present appeal has

been filed by the Appellant who is an allottee of a project being developed by

Adel Landmarks/Developer Company at Sector 8 Palwal, namely, Era Green

World and the Appellant seeks for consolidation of the CoC of the Corporate

Debtor alongwith the Parent Company and subsidiary/landowning

companies and an order directing Group Insolvency of all the landowning

subsidiary companies and mortgagor companies of Adel Landmarks and in

this regard reliance has been primarily placed on an order passed by this

Tribunal in the case of Edelweiss Asset Reconstruction Company Ltd. Vs.

Sachet Infrastructure Pvt. Ltd., CA (AT) (Ins) No. 377 of 2019 and also a

decision of this Tribunal in the case of Mrs. Mamatha Vs. AMB Infrabuild

Pvt. Ltd. & Ors., CA (AT) (Ins) No. 155 of 2018 decided on 30.11.2018.

16. On the other hand, Counsel appearing on behalf of the R2(RP) has

submitted that vide an order dated 05.12.2018 passed in C.P. (IB) No.

1083(PB) of 2018 on an application filed under Section 7 of the Code by

Company Appeal (AT) (Insolvency) No. 357 of 2020 9

Edelweiss Asset Reconstruction Company Limited (EARC), the Adjudicating

Authority initiated CIRP in respect of Adel Landmarks Limited and Mr.

Udayraj Patwardhan was appointed as IRP who was later on confirmed as

RP of Adel.

17. It is further submitted that after the expression of interest (EOI) was

floated by the RP of Adel, a resolution plan was received from one

Prospective Resolution Applicant (PRA), namely, Art Construction Pvt. Ltd.

dated 18.07.2020 in respect of Adel. The said resolution plan and

modification submitted thereto read with addendum and clarification

submitted and reply to the queries of the CoC, after prolonged deliberations

with the CoCs of Adel, has been put for e-voting by the CoC and has been

approved with 82.6605% votes on closure of e-voting on 06.12.2022 whereas

Era has been ordered to undergo liquidation vide order dated 03.12.2019

passed by the Adjudicating Authority in CP No. (IB)489 (PB) of 2017and the

said liquidation order has been passed as an independent entity without any

linkages with regard to the insolvency proceedings of Adel or other group

companies.

18. Counsel for Respondent No. 2 has questioned the locus standi of the

Appellant herein on the ground that he is not an aggrieved party to

challenge the order of liquidation and thus could not maintain the appeal

under Section 61 of the Code. It is contended that the Appellant is an

allottee in a project namely 'Adel Divine Court High Rise' situated at Sector

76, Faridabad which is being developed by Adel. The Appellant has also filed

his claim for an amount of Rs. 21,02,616.71/- with the RP of Adel, which

Company Appeal (AT) (Insolvency) No. 357 of 2020 10

has been admitted for Rs. 13,25,839.64/-. The claim was verified and

collated by the RP and has not been challenged by the Appellant and has

thus attained finality. It is further submitted that the Appellant is not a

stakeholder of Era and is not an aggrieved person from the order of

liquidation passed in respect of Era.

19. It is further argued by the RP/R2 that the Appellant has though

allegedly representing the group of allottees but he did not attach any list of

group of allottees nor any kind of authorisation letter by the alleged group of

allottees has been placed on record. It is argued that sample builder buyer

agreement dated 16.05.2012 is stated to be have been entered into between

one of the allottees Mr. Satish Tayal and Era Landmarks Limited pertaining

to allotment by Adel in the project 'Adel Divine Court'. It is argued that the

Appellant is a Financial Creditor in class of Adel and a member of the CoC of

Adel and not Era.

20. Counsel for Respondent No. 2 has also submitted that the Appellate

Tribunal, vide its order dated 20.09.2019 passed in CA (AT) (Ins) No. 377-

385 of 2019, directed procedural consolidation of the CIRP of Adel with the

following group/subsidiary companies, appointed Mr. Udayraj Patwardhan

as the common Resolution Professional and thereafter vide its order dated

01.11.2019 directed initiation of the CIRP and appointment of Common

Resolution Professional of the subsidiaries of Adel (i) Sachet Infrastructure

Pvt. Ltd. (ii) Superlative Infrastructure Pvt. Ltd. (iii) Magad Realtors Pvt. Ltd.

(iv) Mehak Realtech Pvt. Ltd. (v) Sameeksha Estate Pvt. Ltd.. It is also

submitted that the Appellate Tribunal directed the Adjudicating Authority to

Company Appeal (AT) (Insolvency) No. 357 of 2020 11

pass orders, if collaboration agreements are entered into between Adel and

other four subsidiary/group companies, pursuant to which the Adjudicating

Authority vide its order dated 11.02.2020 directed initiation of CIRP and

appointed common Resolution Professional of subsidiaries of Adel (i)

Bhisham Infrastructure Pvt. Ltd. (ii) Manogayan Estate Pvt. Ltd. (iii)

Superlative Infrastructure Pvt. Ltd. but the Appellate Tribunal while passing

the said order did not deem it appropriate to pass any directions in respect

of consolidation of the CIRPs of Era or Hi Point with Adel but ordered for

procedural consolidation of the CIRP of Adel with the aforesaid eight

subsidiary/group companies with common RP.

21. It is further submitted that on the direction of the Appellate Tribunal

and the Adjudicating Authority in respect of the consolidated companies, the

RP issued EOI separately afresh for all the eight subsidiary companies with

Adel and the resolution plan was received from one PRA, namely, Art

Construction Pvt. Ltd. on 18.07.2020 in respect of Adel only. No resolution

plan came to be received in respect of other eight subsidiary/group

companies. In terms of the resolution plan proposed and submitted by Art

Construction Pvt. Ltd. in CIRP of Adel and envisaged withdrawal of the

CIRP of the above eight subsidiaries of Adel, namely, (i) Sachet

Infrastructure Pvt. Ltd. (ii) Magad Realtors Pvt. Ltd. (iii) Mehak Realtors Pvt.

Ltd. (iv) Sameeksha Estate Pvt. Ltd. (v) Jamvant Estates Pvt. Ltd. (vi)

Bhisham Infrastructure Pvt. Ltd. (vii) Manogayan Estates Pvt. Ltd. (viii)

Superlative Infrastructure Pvt. Ltd. and also other subsidiary i.e. (ix)

Mansarover Heritage Inn Pvt. Ltd. ACPL submitted settlement proposal to

EARC for withdrawal of CIRP of the aforesaid eight subsidiaries excluding

Company Appeal (AT) (Insolvency) No. 357 of 2020 12

Golden Glow under Section 12A of the Code. It is further submitted that

resolution plan submitted by the ACPL put to e-voting by the CoC of Adel

has been approved by the CoC on 06.12.2022. It is therefore submitted that

Era as well as Hi Point are undergoing separate and independent liquidation

proceedings and is not interdependent with Adel or any of its subsidiaries.

In the end, it is argued that even otherwise the Code nowhere defines

'consolidation' of the CIRP of group insolvency nor provides any framework

for it. Therefore, in the absence of any statutory framework for consolidation

of CIRP, the prayer sought to be made by the Appellant is completely

misconceived and beyond the purview of the Code.

22. Counsel for the Intervenor has submitted that the project Era

Greenworld of Parent Company located in Palwal at Sectors 8 & 9 is owned

by multiple landowning companies i.e. Mehak Realteach Pvt. Ltd., Sachet

Infrastructure Pvt. Ltd., Sameeksha Estate Pvt. Ltd., Magad Realtor Pvt.

Ltd., Digambar Buildcon Pvt. Ltd. and Jamvant Estates Pvt. Ltd.

(collectively referred to as subsidiary landowning companies). It is submitted

that CIRP of the parent company and the subsidiary companies, namely,

Sachet Infrastructure Pvt. Ltd., Magad Realtors Pvt. Ltd., Mehak Realtors

Pvt. Ltd., Sameeksha Estate Pvt. Ltd., Jamvant Estates Pvt. Ltd., Bhisham

Infrastructure Pvt. Ltd., Manogayan Estates Pvt. Ltd. and Superlative

Infrastructure Pvt. Ltd. were consolidated. It is also submitted that the

Intervenor/sole Resolution Applicant of the parent company provided

resolutions vide 12A withdrawals for the landowning subsidiary companies

which was duly allowed by the Adjudicating Authority. It is also submitted

that the Successful Resolution of the Parent Company is only possible if the

Company Appeal (AT) (Insolvency) No. 357 of 2020 13

Corporate Debtor is resolved alongwith the subsidiary landowning

companies. The Intervenor has thus argued that the Liquidator be directed

to convene a CoC for consideration of the resolution plan for the Corporate

Debtor which in turn will ultimately benefit all the stakeholders of the

Corporate Debtor, the Parent Company and all the homebuyers involved in

the project.

23. We have heard Counsel for the parties and perused the record.

24. The first question which has been raised by Respondent No. 2 is about

the locus standi of the Appellant to maintain this appeal as an aggrieved

person.

25. There is no doubt that Section 61 of the Code provides for a right of

appeal to any person who is aggrieved by an order of the Adjudicating

Authority, therefore, the grievance of the person, who intends to file an

appeal against the order of the Adjudicating Authority, is a sine qua non.

26. The Appellant has filed this appeal and averred in para 7.2 that

"Appellant is representing a group of allottees who were allotted units in the

projects being developed by Adel Landmarks, namely, Era Green World. He

has attached builder buyer agreement as annexure A2 which pertains to one

Satish Tayal which is in respect of the project 'Era Divine Court', Sector 5

Palwal whereas the project in question in the present case is 'Era Green

World', Sector 8 Palwal. There is no list of allottees attached with the memo

of appeal or any kind of authorisation letter by the allottees in his favour. In

para 7.14 of the memo of appeal, the Appellant has made a reference to the

authorised representative as Mr. Inder Paul Singh Oberoi who was

Company Appeal (AT) (Insolvency) No. 357 of 2020 14

appointed by the CoC and confirmed by the Adjudicating Authority on

07.01.2019. Even otherwise, the Appellant is stated to be an allottee in a

project, namely, 'Adel Divine Court High Rise' situated at Sector 76,

Faridabad which is being developed by Adel. The Appellant has already filed

his claim of Rs. 21,02,616.71/- with the RP of Adel which has been

admitted for a sum of Rs. 13,25,839.64/-. The claim, as verified and collated

by the RP, has not been challenged by the Appellant and has thus attained

finality. Therefore, the Appellant is not a stakeholder of Era rather he is the

Financial Creditor in class of Adel and is a member of the CoC of Adel and

not Era. In such circumstances, the impugned order of liquidation having

been passed in the matter of Era Housing & Developers Pvt. Ltd. is not a

matter of concern of the Appellant and as such he is not a peson who is

aggrieved of the order dated 03.12.2019.

27. It is needless to mention that the appeal is a statutory right to remedy

an injury caused by the impugned order, therefore, the legislature has

categorically used the term 'any aggrieved person' and not simply 'any

person'. The very fact that the Appellant has nothing to do with the order of

liquidation passed in respect of the Respondent No. 1 'Era Housing and

Developers Pvt. Ltd.' and he is not an allottee of Era rather he is an allottee

of Adel in which he has already put up his claim as verified by the RP of

Adel, therefore, in our considered opinion the present appeal is directly hit

by lack of locus standi on the part of the Appellant.

28. In such circumstances, it would be a futile exercise to go into other

aspects of the matter which have been raised by the Appellant in the present

Company Appeal (AT) (Insolvency) No. 357 of 2020 15

appeal. Consequently, the present appeal is hereby dismissed on the ground

that the Appellant does not have the locus standi to maintain the appeal

because the Appellant do not fall within the definition of 'any aggrieved

person'. The appeal is thus found to be not maintainable and the same is

hereby dismissed. No costs.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Mr. Naresh Salecha] Member (Technical)

New Delhi

01st June, 2023

Sheetal

Company Appeal (AT) (Insolvency) No. 357 of 2020

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