Rajesh Kumar Tripathi vs Sunil Kumar Gupta
- CitationCompany Appeal (AT) (Insolvency) No. 357 of 2020
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
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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