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Rohit J Vora vs Religare Finvest Limited (India ...

National Company Law Appellate Tribunal23 March 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's disposal rests on the following reasoning: where the Adjudicating Authority has directed liquidation of a corporate debtor on the basis that the corporate insolvency resolution process has made no progress beyond the statutory timeline and the financial creditor does not object to liquidation, an appeal challenging only observations in that order that are adverse to the resolution professional, while the order itself is otherwise correct, is without merit and does not warrant interference.

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.235 of 2023IN THE MATTER OF:

Rohit J. Vora ...Appellant

Versus

Religare Finvest Ltd. (India Resurgence ARC Pvt. Ltd.) & Ors. ...Respondents

Present: For Appellant: Mr. Sandeep Bajaj, Mr. Soayib Qureshi, Advocates. For Respondents: Mr. Kaushik Mishra, Advocate.

ORDER

23.03.2023: This Appeal has been filed by the Erstwhile Resolution

Professional challenging the order dated 16.11.2022 by which order the

Adjudicating Authority has allowed the application filed by the Resolution

Professional for Liquidation of the Corporate Debtor. The Adjudicating

Authority in the impugned order has noticed that CIRP was commenced on

25.04.2019 and even after more than two years no progress has been made in

the CIRP. The Erstwhile Resolution Professional has now come up in appeal

challenging the order passed by the Adjudicating Authority.

2. Learned counsel for the Appellant submits that although the application

was filed by the Resolution Professional for Liquidation, which has been

allowed, some observation has been made by the Adjudicating Authority which

may be adverse to the Resolution Professional, due to this reason he has filed

Cont'd.../ -2-

this Appeal. Learned counsel for the Appellant referred to observations made

in Paras 2 and 3 of the order.

3. We have considered the submission of learned counsel for the Appellant

and perused the record.

4. The observations which have been made in the impugned order were

with regard to the facts which took place in the CIRP of the Corporate Debtor.

Events and facts were noticed which are basis for passing the order. The main

reason which is noticeable from the order is that even after lapse of 330 days,

the CIRP has not progressed any further. Before the Adjudicating Authority,

the Financial Creditor also stated that they have no objection in allowing the

application for liquidation. We, thus, do not find any error in the order of the

Adjudicating Authority directing for liquidation. There is no merit in the

Appeal. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 235 of 2023

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