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Sanjay Jain And Ors vs Nilesh Sharma And Anr

National Company Law Appellate Tribunal1 November 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a resolution plan has been approved by the Committee of Creditors with the requisite majority, and the objecting creditor belongs to the same class as those who assented to it, that creditor cannot maintain a challenge to the plan and has no locus to object to its approval; the objection must be rejected outright, though the tribunal may examine the grounds to see whether any aspect falls within the scope of Section 30(2) of the Insolvency and Bankruptcy Code, 2016.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Insolvency) No. 1390 of 2023 & I.A. No. 4970 of 2023

IN THE MATTER OF:

Sanjay Jain & Ors. ...Appellant

Versus

Nilesh Sharma ...Respondents Resolution Professional of M/S Dream Procon Pvt. Ltd. & Anr.

Present: For Appellant: Mr. P Nagesh, Sr. Advocate with Mr. Harshal Kumar, Mr. Apoorv Rastogi, Advocates For Respondent:

ORDER

01.11.2023: Heard Mr. P Nagesh, Sr. Advocate for the Appellant.

2. This Appeal has been filed against the Order dated 23rd August, 2023

by which order I.A. filed by the Appellant being I.A. No. 3865 of 2021 raising

objection to the Resolution Plan approved by the CoC has been rejected.

3. The CoC which is a committee of creditors in a class has submitted the

resolution plan which was approved with 90.66 % votes. The Appellant who

belongs to the same class of creditors is aggrieved by the approval of the plan

by the CoC. The Adjudicating Authority relying on Judgment of Hon'ble

Supreme Court in Jaypee Kensington Boulevard Apartments Welfare

Association and Ors. Vs. NBCC (India) Ltd. and Ors. paragraph 218-219 has

dismissed the Application on the ground that Appellant has no locus to

challenge the approval of the plan.

-2-

4. We are in full agreement with the view taken by the Adjudicating

Authority relying on Jaypee Kensington which is clear from para 218-219

where following has been held:

"218. To sum up this part of discussion, in our view, after approval of the resolution plan of NBCC by CoC, where homebuyers as a class assented to the plan, any individual homebuyer or association cannot maintain any challenge to the resolution plan nor could be treated as carrying any legal grievance.

219. Once we have held that these dissatisfied homebuyers and associations are not entitled to put up any challenge to the resolution plan contrary to the decision of the requisite majority of their class, all their objections are required to be rejected outright. Yet, in the interest of justice, we have examined these objections to find if there be any aspect worth consideration within the periphery of Section 30(2) of the Code. We find none."

5. Following the said judgment, we find that no error has been committed by the Adjudicating Authority rejecting application. There is no merit in the Appeal, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical)

Basant/nn Company Appeal (AT) (Insolvency) No. 1390/2023

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