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Smt. K. Bharathi vs Kotak Mahindra Bank Ltd. & Anr

National Company Law Appellate Tribunal5 February 2019

Ratio decidendi

The rule this decision rests on

The appellate tribunal dismissed the appeal because the impugned extension order merely gave effect to earlier directions of 18th and 19th December, 2018, and because any decision of the Committee of Creditors remained subject to the tribunal's own pending decision, so the appellant could not show any prejudice from the extension.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 114 of 2019IN THE MATTER OF:

Smt. K. Bharathi ...Appellant

Vs.

Kotak Mahindra Bank Ltd. & Anr. ...Respondents

Company Appeal (AT) (Insolvency) No. 115 of 2019

IN THE MATTER OF:

Smt. K. Bharathi ...Appellant

Vs.

Kotak Mahindra Bank Ltd. & Anr. ...Respondents

Present: For Appellant: - Mr. Vineet Subramani, Advocate.

For Respondents: - Mr. Sanjay Bhatt and Ms. Srishti Kapoor, Advocates for R-1.

ORDER

05.02.2019─ The Appellant- Smt. K. Bharathi claiming to be a

'Financial Creditor' is aggrieved of the order formulated by the

Adjudicating Authority (National Company Law Tribunal), Division

Bench, Chennai, dated 21st January, 2019 by virtue of which 'Corporate

Insolvency Resolution Process' period has been extended by 90 days with

effect from 20th December, 2018 with a direction to the 'Resolution

Professional' to hold 'Committee of Creditors' meetings in accordance

with the orders dated 18th December, 2018 and 19th December, 2018.

Contd/-..............

-2-

2. On plain reading of this order, it is manifestly clear that the

extension of period has been granted to comply with the directions given

in orders dated 18th December, 2018 and 19th December, 2018. However,

the decision taken by the 'Committee of Creditors' has been subjected to

the decision of this Appellate Tribunal as reflected in the order dated 7th

January, 2019 passed by this Appellate Tribunal.

3. It is manifestly clear that the impugned order has been passed to

carry out the earlier directions given on 18th December, 2018 and 19th

December, 2018. Even otherwise also, any decision taken by the

'Committee of Creditors' has been subjected to the decision of this

Appellate Tribunal. In this context, it is futile on the part of the Appellant

to contend that any prejudice has been caused to her.

4. There being no merit in this appeal, it is accordingly dismissed. No

cost.

(Justice Bansi Lal Bhat) Member(Judicial) Ar/uk

Company Appeal (AT) (Insolvency) Nos. 114 & 115 of 2019

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