Trinamool Cha Bagan Sramik Union vs Ram Ratan Modi Resolution Professional

IN THE MATTER OF: Trinamool Cha Bagan Sramik Union ...Appellant Versus Ram Ratan Modi, RP of Duncans Industries Ltd. ...Respondents

Present: For Appellant : Mr. Atanu Saika, Mr. Tavish B. Prasad and Ms. Sujata Nath, Advocates.

For Respondents : Mr. Joy Saha, Sr. Advocate with Mr. Amit Kasera, Advocates.

ORDER

(Hybrid Mode)

13.09.2024 : Heard Counsel for the Appellant.

2. This Appeal has been filed against an Order dated 26.04.2024 passed

by the Learned Adjudicating Authority (National Company Law Tribunal,

Kolkata Bench, Court - II) rejecting I.A. No. 378/KB/2023 filed by the

Appellant. Appellant is a union of the workers who had filed the I.A. with

prayers as quoted in Paragraph 3 of the Order:

"a. The Application filed for approval of the Resolution Plan being I.A (I.B.C)/237(KB) of 2O22 be staged till the disposal of the Complaint filed by the Applicant against the Respondent with the IBBI dated 24th January 2023 (Annexure "8" of the instant Application). b. Ad-interim orders in terms of prayers above; c. Such further or other order or orders be passed and/ or direction or directions be given as this Hon'ble Tribunal mag deem fit and proper."

3. The Adjudicating Authority heard the Application and has taken the

view that prayers made in the Application cannot be accepted. The

Adjudicating Authority has also noted the Resolution Applicant's Plan

approval on 24.02.2022 and the Application was said to be filed on

09.02.2023.

4. With regard to Tea Estate which was claimed by the Corporate Debtor

there has been subsequent Judgment of this Tribunal in the matter of `Ram

Ratan Modi (RP of Duncans Industries Limited)'

Vs. `Merico Agro Industries Private Limited' in Comp. App. (AT) (Ins.) No.

672/2021 along with four Appeals dated 02.08.2024, where it has been held

that all the Tea Garden with regard to which Process has initiated do not

belong to the Corporate Debtor and only three Tea Gardens for which lease

were renewed are assets of the Tea Garden.

5. In view of the Judgment of this Tribunal in `Ram Ratan Modi (RP of

Duncans Industries Limited)' (Supra), with regard to Resolution Process a

view has to be taken by the Adjudicating Authority.

6. Insofar as submission of the Applicant that proceeding of CIRP be

stayed till the complaint filed by Applicant against the Resolution Professional

is considered by IBBI cannot be entertained. Complaints filed before the IBBI

were subsequent to substantial progress of the CIRP and the Adjudicating

Authority did not commit any error in rejecting the Application.

Comp. App. (AT) (Ins.) No. 1337 of 2024 2 of 3 There is no merit in the Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 1337 of 2024 3 of 3