National Company Law Appellate Tribunal

Vijay Kumar V Iyer Erstwhile Resolution Professional of SPS Steels Rolling Mills Ltd vs Bipin Kumar Vohra & Ors on 22 July 2020

Cites 0, Cited by 0

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Ins.) No. 600 of 2020

IN THE MATTER OF:

Mr. Vijay Kumar V. Iyer Erstwhile Resolution Professional of S.P.S. Steels Rolling Mills Ltd.

…Appellant

Versus

Bipin Kumar Vohra & Ors.

…Respondents

Present:-

For Appellant: Mr. Ramji Srinivasan, Sr. Advocate with Mr. Vaijayant Paliwal, Advocates.

For Respondent: Mr. Ratnanko Banerji and Mr. Sonia Dube, Advocates for R-1 to R-3

Ms. Urmila Chakraborty and Mr. Shatadru Chakraborty, Advocates.

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R

(Virtual Mode) 22.07.2020 The Learned Counsel for the Appellant submits that the Appellant is aggrieved only against the following observations made by the Adjudicating Authority in C.A.(IB) No. 937/KB/2018 in CP (IB) No. 595/KB/2017 at Para 14 inter alia to the effect that “Thus, provisions of Section 43 of the IBC, 2016 read with Regulation 35A of IBBI (CIRP) Regulations, 2016 stand non-complied and violated”, be replaced suitably as deemed fit and proper by this Appellant Tribunal, because of the reason that these observations made by the Adjudicating Authority may adversely reflect upon the Appellant’s Professional Career. For deleting the aforesaid two sentences in Para 14 of the Impugned Order dated 26.02.2020 passed by the Adjudicating Authority, there is no objection on the side of the Learned Counsel appearing for Respondent Nos. 1 to 3.

Taking into account of the aforesaid submissions made on behalf of the Appellant, this Appellate Tribunal quite in the fitness of things orders the deletion of the two sentences viz “ The provisions of Section 43 of the IBC, 2016 read with Regulation 35A of IBBI (CIRP) Regulations, 2016 stand non-complied and violated in Para 14” and replaces the same by mentioning that “Thus, provisions of Section 43 of the IBC, 2016 read with Regulation 35A of IBBI (CIRP) Regulations, 2016 stand not satisfied”

In other respects, the Impugned Order passed by the Adjudicating Authority in CA (IB) No. 937/KB/2018 in CP (IB) No. 595/KB/2017 will stand as it is. With the aforesaid observations, the instant Appeal stands disposed of.

I.A No. 1594 of 2020 is closed.

[Justice Venugopal M.] Member (Judicial)

[Kanthi Narahari] Member (Technical)

[Alok Srivastava]

Member (Technical)

Basant B./ nn.

Company Appeal (AT) (Ins.) No. 600 of 2020

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead