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Sidhartha Chauhan vs Deepak Kumar Goyal

National Company Law Appellate Tribunal11 September 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a judgment setting aside an order closing the CIRP has revived the proceedings, the applications that were dismissed as infructuous on the strength of that closure stand revived with them, and the Adjudicating Authority, in restoring them, is not required to enter into the merits of the applications; the merits are to be heard in accordance with law when the applications are taken up for hearing, and the parties remain free to raise their pleas and defences at that stage.

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 Comp. App. (AT) (Ins) No. 1661 of 2024 & I.A. No. 6047 of 2024 IN THE MATTER OF: Sidharth Chauhan ...Appellants Versus Deepak Kumar Goyal ...Respondents

Present: For Appellant : Mr. Nalin Kohli Sr. Advocate with Mr. Shiv Mangal Sharma, Mr. Saurabh Rajpal and Mr. Abhishek Sharma, Advocates. For Respondents :

ORDER

(Hybrid Mode)

11.09.2024: Heard Shri Nalin Kohli, Ld. Counsel appearing for the

appellant.

This appeal has been filed challenging the order dated 13.06.2024

passed on the restoration application 31 of 2024. The application was filed by

the Resolution Professional for revival of IA No. 3685/2021, 4063/2021,

4290/2021, 4497/2021 and 4770/2021 in CP (AT) NO. 717/ ND/ 2019. The

said applications were dismissed as infructuous by Adjudicating Authority by

order dated 14.09.2023 relying on the order of the Adjudicating Authority

dated 24.05.2023 by which CIRP was closed under 12A. Subsequently, the

order of the Adjudicating Authority dated 24.05.2023 was set aside by the

order of this Tribunal dated 16.02.2024. After the order of NCLT we set aside

the application was filed for revival/ restoration of the applications which has

been allowed by impugned order.

2. Ld. Counsel for the appellant sought to contend that the Appellate

Tribunal vide order dated 16.02.2024 has issued direction where one project

NCR Green has to be kept out of CIRP and with regard to another project CIRP

was to continue. He submits that those issues are required to be considered by

Adjudicating Authority. The order of this Tribunal dated 16.02.2024 was an

order setting aside the order of the Adjudicating Authority closing the CIRP.

When the CIRP has revived the applications have to be revived to be heard in

accordance with law on merits. At the time of restoration of the application

Adjudicating Authority was not required to enter into the submissions or

merits on the application.

3. Hence, we do not find any error in the restoration of the application it is

always open for the appellant to take his pleas when the applications are heard

on merits and raise defences when the applications are heard on merits. With

these observations, appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

harleen/NN

Comp. App. (AT) (Ins.) No. 1661 of 2024 2 of 2

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