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Vighnahartha Corrugators Private ... vs Hemant Sharma And Ors

National Company Law Appellate Tribunal19 January 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following: where a direction imposing a monetary penalty on members of a Committee of Creditors for non-appearance is challenged, and the members have given an undertaking to appear virtually on the next date, the penalty may be deleted, since the penalty was imposed on the footing of non-compliance with the direction to appear in person, and the subsequent undertaking to appear virtually on the next date addresses that default and renders the penalty unwarranted in the circumstances.

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.135 of 2024IN THE MATTER OF:

Vignaharta Corrugators Pvt. Ltd. ...Appellant

Versus

Hemant Sharma & Ors. ...Respondents

Present: For Appellant: Mr. Prateek Gupta, Advocate. For Respondents: Ms. Udita Singh, Advocate for RP. Mr. Vaibhav Tyagi, Advocate for R-10 to 13. Mr. Lokesh Malik, Advocate for R-14 to 18.

ORDER

(Hybrid Mode)

19.01.2024: Heard learned counsel for the Appellant as well as learned

counsel for the Resolution Professional. Learned counsel for the Appellant

submits that other respondents are members of the CoC who are only

Proforma Respondents. With the consent of the parties, we have heard the

appeal finally.

2. This appeal has been filed against the order dated 07.12.2022, which

order has been passed in I.A. No.120 of 2021. The Adjudicating Authority by

the said order directed the members of the CoC to deposit Rs.20,000/- each

in the Prime Minister National Relief Fund. Reason for such direction is that

the Adjudicating Authority has directed the members of the CoC to appear in

person by order dated 24.11.2023, on the next date except counsel for one

member of CoC, no other CoC members appeared. Hence, the Adjudicating

Authority directed for payment of penalty.

Cont'd.../ -2-

3. Learned counsel for the Appellant submits that the other members of

the CoC were present virtually and there was no intent of disobedience of order

of the Court and there was no occasion for imposing penalty of Rs.20,000/-.

Learned counsel for the parties further submitted that now next date has been

fixed in the matter is 22.01.2024.

4. Learned counsel for the Appellant as well as other learned counsel

appearing for Respondents who are members of CoC have undertaken that on

next dated i.e. 22.01.2024 all the members shall appear through counsels

virtually. It is also submitted that the member of the CoC shall also be

virtually present in addition to their counsels.

5. In view of the aforesaid undertaking, we are of the view that direction

for imposition of penalty of Rs.20,000/- deserve to be deleted and is hereby

deleted. Let all the members of the CoC appear virtually before the

Adjudicating Authority on the next date i.e. 22.01.2024, as undertaken.

Appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.135 of 2024

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