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Udayraj Patwardhan vs Shree Yash Stainless Private Limited

National Company Law Appellate Tribunal24 February 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

A penalty or costs direction imposed by the Adjudicating Authority against a party must rest on reasons stated in the impugned order; where the order records no basis for such a direction, it cannot be sustained and is liable to be set aside.

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. 1098 of 2024

IN THE MATTER OF: Udayraj Patwardhan ...Appellant

Versus

Shree Yash Stainless Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Satendra K. Rai and Mr. Udayraj Patwardhan, Advocates in person.

For Respondent : Mr. Gaurav Suryavanshi, Advocate for R-2. Ms. Anjali Soni, Advocate for R-1.

ORDER

(Hybrid Mode)

24.02.2025 This appeal has been filed by the Erstwhile Resolution

Professional challenging the order dated 15.05.2024 passed in I.A. No. 348 of

2024 in Company Petition (IB) No. 236(AHM)/2021. The I.A. was filed by one

Prospective Resolution Applicant seeking refund of the EMD. The Application

was allowed and by allowing the application Adjudicating Authority issued

following direction in paragraph 10(III):

"...

III. Also the frivolous and non-maintainable contention of the erstwhile RP is viewed seriously and he is directed to deposit a penalty of Rs.1 lakh to the Prime Ministers relief fund within 15 days of this order with copy of compliance to the liquidator."

The appeal has been filed limited to the aforesaid direction which was

issued by imposing a cost of penalty of Rs. 1 lakh (Rupees one lakh).

Learned Counsel appearing for the Respondent Prospective Resolution

Applicant as well as the Committee of Creditors submits that they have no

objection for the aforesaid directions to be deleted.

It is further submitted by the Appellant that there is no observation

made regarding the Appellant in the impugned order except the direction

issued in paragraph 10 (III). We have considered submissions of the Appellant

as well as submissions raised by the Counsel for the Respondent No.1 and 2

who are the Prospective Resolution Applicant and the Committee of Creditors.

There being no basis of the directions reflected in the order, we are of

the view that directions issued in paragraph 10(III) cannot be sustained. In

view of the aforesaid, we allow the appeal. Set aside the directions issued in

paragraph 10(III). The Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) pks/nn

Company Appeal (AT) (Insolvency) No. 1098 of 2024 2 of 2

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