01st December, 2023 Approval of Resolution Plan - Ansal Lotus Melange Projects Private Limited [IA-1854-2022 in IB-85(ND)-2021] (274.86 KB)
IA-1854/2022 In (IB) – 85(ND)/2021 Date of Order: 20.11.2023 Page 1 of 16
IN THE NATIONAL COMPANY LAW TRIBUNAL
COURT-III, NEW DELHI
IA-1854/2022
In
IB-85(ND)/2021
IN THE MATTER OF IB-85(ND)/2021:
M/s. GK CRYSTAL HOMES …… Operational Creditor
VERSUS
M/s. ANSAL LOTUS MELANGE PROJECTS PRIVATE LIMITED
……Corporate Debtor
AND IN THE MATTER OF IA-1854/2022:
Under Section 30(6) r/w Section 31 of IBC, 2016 r/w Regulation 39(4) of IBBI
(CIRP Regulations), 2016
Mr. DEVENDRA UMRAO
Resolution Professional of the Corporate Debtor
…… Applicant/Resolution Professional
Pronounced On: 20.11.2023
CORAM:
SHRI BACHU VENKAT BALARAM DAS, HON'BLE MEMBER (JUDICIAL)
SHRI ATUL CHATURVEDI, HON'BLE MEMBER (TECHNICAL)
PRESENT:
For the Applicant/RP
: Mr. P. Nagesh Sr. Adv., Mr. Abhishek Parmar,
Mr. Akshay Sharma, Advs.
For the SRA
:
ORDER
PER: ATUL CHATURVEDI, MEMBER (TECHNICAL)
1.1.
The present application has been filed by Mr. Devendra Umrao,
Resolution Professional (“RP”) of M/s. Ansal Lotus Melange Projects
Private Limited (“Corporate Debtor”) on 20.04.2022 under the
provisions of Section 30(6) read with Section 31 of the Insolvency &
Bankruptcy Code, 2016 (“the Code” or “IBC”) read with Regulation
39(4) of the Insolvency Bankruptcy Board of India (Insolvency
Page 2 of 16
Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP
Regulations”) for approval of the Resolution Plan in respect of M/s.
Ansal Lotus Melange Projects Private Limited (“Corporate Debtor”)
submitted by Respondent/Successful Resolution Applicant (“SRA”)
namely M/s. Singla Builders and Promoters Limited.
1.2.
Brief Background of the Case:
i.
An application under Section 9 of the Insolvency and Bankruptcy
Code, 2016 ("IBC") was filed by the Operational Creditor i.e., M/s.
GK Crystal Homes against the Corporate Debtor i.e., M/s. Ansal
Lotus Melange Projects Private Limited and the said application
was admitted by the order of this Adjudicating Authority vide
order dated 07.04.2021 and a moratorium was declared including
the appointment of Mr. Devendra Umrao as an Interim Resolution
Professional.
ii.
The Resolution Plan was submitted by the Successful Resolution
Applicant namely M/s. Singla Builders and Promoters Limited
which was approved by the CoC in its 8th reconvened meeting
dated 01.02.2022 (e-voting concluded on 11.02.2022) under
Section 30(4) of the IBC by 100% voting share in respect of the
CIRP of the Corporate Debtor after considering its feasibility and
viability.
1.3.
Background of the Corporate Debtor:
The Corporate Debtor was incorporated on 29.04.2005, as a Company
Limited
by
Shares
(Non-govt.
Company)
having
CIN:
U45201DL2005PTC135601, under the Companies Act, 1956 with the
Registrar of Companies, NCT of Delhi and Haryana. The Authorised
Share Capital of the Corporate Debtor was Rs. 10,00,000/- and the
Paid-up Share Capital of the Corporate Debtor was Rs. 1,00,000/-. The
Registered Office Address of the Corporate Debtor was at 4648/21,
Room No. 302, Third Floor Shadumal Building, Daryaganj, New Delhi,
Delhi-110002. The Corporate Debtor was incorporated for the purpose
of the building of complete constructions or parts thereof under the
category of civil engineering.
Page 3 of 16
Collation of claims by RP
2.1. In terms of Section 13 and Section 15 of the Code, the Applicant/RP
has submitted that the public announcement was published in
newspapers i.e., Financial Express (English Edition) and Jansatta
(Hindi Edition) Delhi NCR and Jalandhar Edition and Jagbani
(Jalandhar Edition) on 23.04.2021 in Form-A to invite the stakeholders
for submission of their claims.
2.2. In response to the public announcement (publication of Form-A) made,
the Applicant constituted the Committee of Creditors ("CoC") under
Section 21(1) of the Code read with Regulation 13 & 17 of CIRP
Regulations and the name of Mr. Navneet Kakkar, Authorised
Representative of Homebuyers chosen by the Creditors in Class was
approved by this Adjudicating Authority vide order dated 29.07.2021
passed in IA-2664-2021. The 1st CoC Meeting was convened on
07.05.2021 wherein the IRP was confirmed as the Resolution
Professional (RP) by 100% votes.
3.
Evaluation and voting
3.1. The 2nd CoC Meeting was convened on 25.06.2021 wherein the CoC
approved the Appointment of Transaction Auditor. The 3rd CoC Meeting
was convened on 23.07.2021 wherein the CoC approved the Form-G,
Evaluation Matrix and RFRP to decide eligibility criteria as per Section
25(2) of the Code. The RP prepared and issued Information
Memorandum of the Corporate Debtor to the members of CoC, in terms
of Section 29 of the Code and as per Regulation 36 of the CIRP
Regulations.
3.2. The Form-G was Published on 01.08.2021 for inviting Expressions of
Interest (EoI) in newspapers i.e., Business Standard (English and Hindi
Edition) Delhi NCR Edition and Rozana Spokesman (Local Edition)
Jalandhar Edition. The Last date of receipt of EoI was 16.08.2021.
3.3. The 4th CoC Meeting was convened on 19.08.2021 wherein the RP
proposed for extension of submission of last date of Resolution Plan
and the CoC approved the extension for submission of the Resolution
Page 4 of 16
Plan. The Last date of receipt of EoI was extended to 31.08.2021 from
16.08.2021.
3.4. The RP filed an IA-2751-2021, seeking an exclusion of 48 days from
the CIRP owing to the nationwide lockdown in view of second wave of
Covid-19. This Adjudicating Authority vide order dated 22.09.2021
allowed the exclusion application and the CIRP was extended till
21.11.2021.
3.5. The 5th CoC Meeting was convened on 22.09.2021 wherein the RP
proposed for extension of 90 days of CIRP of the Corporate Debtor and
the CoC approved the extension of 90 days of CIRP of the Corporate
Debtor. Thereafter, the RP filed an IA-5222-2021, seeking an extension
for a period of 90 days of the CIRP. This Adjudicating Authority vide
order dated 18.11.2021 allowed the extension application.
3.6. The RP received 2 EoI from M/s. Lakshmi Float Glass Limited and from
M/s. Singla Builders and Promoters Limited. After examining the EoIs
of PRAs, the RP issued the provisional list and the final list of eligible
PRAs as per the CIRP Regulations.
3.7. The 6th CoC Meeting was convened on 28.10.2021. The 7th CoC Meeting
was convened on 19.11.2021. The 8th CoC Meeting was convened on
17.01.2022 wherein the Applicant with permission of the CoC opened
the sealed cover of the final Resolution plan received from only one PRA
namely M/s. Singla Builders and Promoters Limited. The CoC sought
various clarifications from Mr. Chahat Saini, the representative of PRA.
Mr. Chahat Saini, the representative of PRA was requested by the CoC
to submit a revised Resolution Plan. Thereafter, the 8th CoC Meeting
was adjourned and reconvened on 01.02.2022, after receiving the
revised Resolution Plan. Thereafter, the CoC decided to put the
Resolution Plan for e-voting for homebuyers on 08.02.2022 at 12:30pm
and concluded on 10.02.2022 at 12:00pm. After conclusion of e-voting,
the Resolution Plan submitted by M/s. Singla Builders and Promoters
Limited group passed was and approved by the CoC with 100% votes.
Page 5 of 16
3.8. The 9th CoC Meeting was convened on 15.02.2022 wherein the
Applicant proposed for extension of 30 days of CIRP of the Corporate
Debtor and the CoC approved the extension of 30 days of CIRP of the
Corporate Debtor. Thereafter, the RP filed an IA-994-2022, seeking an
extension for a period of 30 days of the CIRP. This Adjudicating
Authority vide order dated 09.03.2022 allowed the extension
application
4. The RP submits that a total of 9 (Nine) CoC meetings have been held during
the CIRP period which are as follows:
S. No. Sequence of Meeting of
CoC
Date
of
Meeting
CoC Members
Present
1.
First Meeting of CoC
07.05.2021
Yes
2.
Second Meeting of CoC
25.06.2021
Yes
3.
Third Meeting of CoC
23.07.2021
Yes
4.
Fourth Meeting of CoC
19.08.2021
Yes
5.
Fifth Meeting of CoC
22.09.2021
Yes
6.
Sixth Meeting of CoC
28.10.2021
Yes
7.
Seventh Meeting of CoC
19.11.2021
Yes
8.
Eighth Meeting of CoC
17.01.2022
Yes
9.
Eighth Meeting of CoC
(Reconvened)
01.02.2022
Yes
10.
Ninth Meeting of CoC
15.02.2022
Yes
The List of the Financial Creditors of the Corporate Debtor being members of
the CoC and distribution of voting share is as under:
S.
No.
Name of Creditor
Voting Share
(%)
Voted
For/
Abstained/
Dissented
1.
Mr. Navneet Kakkar,
(Authorised
Representative
of
Homebuyers
chosen
by
the
Creditors in Class)
100
Voted for
Page 6 of 16
- Valuation of the Corporate Debtor
In terms of Regulation 27 of CIRP Regulations, the Applicant appointed registered valuers who were entitled to determine the fair and liquidation value of the Corporate Debtor, which are as follows:
As per the Form-H, the fair and liquidation value of the assets of the
Corporate Debtor are as follows:
The Fair Value of the Corporate Debtor is Rs. 11,76,47,786/- and the
Liquidation Value of the Corporate Debtor is Rs. 8,56,27,932/-.
6. Details of Resolution Plan/Payment Schedule
The Resolution Applicant has to the extent possible, taken into account
the interests of all stakeholders of the Corporate Debtor in the following
manner:
6.1
Payment of CIRP Cost
The total CIRP cost is assumed to be approx. Rs. 30,00,000/- (Rupees
Thirty Lakh Only) upto the date of approval of the Resolution Plan and
shall be paid towards full and final payment of the Corporate
Insolvency Resolution Process costs payable in terms of Section
30(2)(a) of the Code and Regulation 38(1)(a) of the CIRP Regulations.
Within 30 days from the effective date, the balance of CIRP Costs shall
be paid to the Resolution Professional in priority to other creditors of
Page 7 of 16
the Corporate Debtor.
6.2
Payment to Dissenting Financial Creditors
Financial Creditors, who do not vote in favour of the Resolution Plan
shall be paid in such a manner as may be specified by the Board and
which sum shall not be less than the amount to be paid to such
creditors in accordance with Section 53(1) of the IBC, in the event of a
liquidation of the Corporate Debtor.
6.3
Payment to Financial Creditors (Home Buyer)
The Home Buyers as specified in the list of Financial Creditor in a class
shall be delivered built up flats upon payment of balance receivable
without any delay payment or compensation. The Resolution Applicant
realises that for a successful resolution, it needs the support and
timely payment from Home Buyers, as without that it would not be
possible for it to undertake the responsibility to construct and deliver
the flats to the Home Buyers. Thus, as a prerequisite, it requires each
Home buyer, to pay the amount due from him/her, as per the
Construction Linked Plan, which has been provided in Schedule 8.
6.4
Payment to Financial Creditors (Commercial Buyer)
The Resolution Applicant has come to know that the Commercial
portion of the City Center Project is complete and requisite approvals
are also in place and the Corporate Debtor has already offered
possession of commercial units to its allottees and some of the allottees
has already taken possession of the commercial units. The Resolution
Applicant immediately upon the effective date will call upon the allottee
of the commercial units to take possession of their respective units
upon payment of their remaining dues.
6.5
Payment to Financial Creditors (Studio/Celebrity Suite Buyer)
The Resolution Applicant requires approximately 6 months to obtain
all the approvals/renewals as detailed in Schedule 6 from the
respective authorities with respect to the Orchard County project and
the possession of the same shall be handed over by the Resolution
Applicant to the existing booking holders forming part of the Financial
Page 8 of 16
Creditors in a class, within 6 months from the date of all the approvals,
obtained by the Resolution Applicant as provided in the Schedule 6.
6.6
Payment to Operational Creditor
The Operational Creditors of the Corporate Debtor shall be paid
Rs.79,40,484/- (Rupees Seventy Nine Lakh Forty Thousand Four
Hundred and Eighty Four Only) of the total admitted amount of Rs.
1,97,77,815/- as towards their full and final settlement as detailed in
Schedule 5.
The said payment shall be made in three equal instalments The
payment of first instalment shall be made in Qtr 3, Second Instalment
in Qtr 4 and Third Instalment in Qtr 5 from the effective date.
6.7
Payment to Other Creditors (other than Financial Creditors and
Operational Creditors)
The Other Creditors of the Corporate Debtor shall be paid Rs.
43,72,530/- of the total admitted amount of Rs. 81,55,356/- as
towards their full and final settlement as detailed in Schedule 5.
The said payment shall be made in three equal installments. The
payment of first instalment shall be made in Qtr 3, Second Instalment
in Qtr 4 and Third Instalment in Qtr 5 from the effective date.
6.8
Claims of the Financial Creditors (Home Buyer, Commercial Buyer
and Studio/Celebrity Suite Buyers/Allottees) and Other Creditors
admitted after Submission of the present Resolution Plan:
The claims of the Financial Creditors (Home Buyer, Commercial Buyer
and Studio/Celebrity Suite Buyers/Allottees) and Other Creditors if
accepted and admitted by the Resolution Professional after the
submission of the present Resolution Plan, shall be considered by the
Resolution Applicant, and shall be treated at par with the claims of the
present Financial Creditors (Home Buyer, Commercial Buyer and
Studio Celebrity Suite Buyers/Allottees) and Other Creditors in
accordance with Clause 2.9 of Schedule 5.
6.9
Workmen and Employees: As per the Information Memorandum, it
appears that there are no dues towards workmen and Employees and
Page 9 of 16
as such no provisions have been made for them in the Resolution Plan.
6.10 Unsecured
Financial
Creditors:
As
per
the
Information
Memorandum, it appears that there are no Unsecured Financial
Creditors and as such no provisions have been made for them in the
Resolution Plan.
6.11 Shareholders and other Persons: The entire issued shares shall be
compulsorily
transferred
to
the
Resolution
Applicant
with
consideration value of Rs. 10/- being the amount payable @ Re. 1 for
every 1000 shares held.
6.12 Term of the Resolution Plan: The term of the Plan shall commence
on the date of the Effective Date and shall be valid till 30 months from
the effective date (which includes 6 months for obtaining the necessary
sanctions and 24 months for construction as detailed in Schedule 7).
The payments are proposed to be made as per Schedule 5.
Page 10 of 16
7
Waivers, Reliefs, Concessions and Exemptions
The Resolution Applicant has prayed for the reliefs as enumerated under
the Resolution Plan approved by the CoC. From the Resolution Plan
approval date, all inquiries, investigations and proceedings, whether civil
or criminal, suits, claims, disputes, interests and damages in connection
with the Corporate Debtor or the affairs of the Corporate Debtor, pending
or threatened, present or future in relation to any period prior to the
plan approval date, or arising on account of implementation of this
resolution plan shall stand withdrawn, satisfied and discharged. From
the date of approval of the Resolution Plan, the Resolution Applicant
shall be legally authorised to seek appropriate orders from respective
authorities/courts/tribunals for renewal of licences/withdrawal/
dismissal or abatement of the proceeding as the case may be.
The Resolution Plan also provides details of Reliefs and Concessions as
already set out in Schedule 9 (Page No. 76-80 of the Resolution Plan).
8
Details on Management and Implementation as per the Resolution
Plan
The Resolution Plan also provides details of the Implementation
Schedule under Regulation 38(2)(a) of CIRP Regulations, management
and control under Regulation 38(2)(b) of CIRP Regulations and under
Section 30(2)(c) of IBC, and supervision under Regulation 38(2)(c) of
Page 11 of 16
CIRP Regulations and under Section 30(2)(d) of IBC under the Resolution
Plan. The same is already set out in 5. Mandatory Provision under the
Code, Page No. 34-39 of the Resolution Plan.
9
Details on Fraudulent and Avoidance transaction
In the 2nd CoC meeting, the CoC approved the appointment of Anil
Shalini & Associate to conduct an audit of the Corporate Debtor to
determine the value of preferential transactions under section 43 of IBC,
undervalued transactions under section 45 of IBC, extortionate
transactions under section 50 of IBC and transactions with intent to
defraud creditors or for any fraudulent purpose under section 66 of the
IBC. The Applicant filed an IA-6035-2021 for fraudulent transactions
application under Section 66 of the Code and filed an IA-5997-2021 for
undervalued transactions/avoidable application under Section 45 of the
Code before this Adjudicating Authority on 23.12.2021. The Application
is still pending for adjudication and disposal before this Adjudicating
Authority.
10 Analysis & Findings
10.1 This Adjudicating Authority finds that the Resolution Plan was
submitted by the Successful Resolution Applicant namely M/s. Singla
Builders and Promoters Limited which was approved by the CoC in its
8th reconvened meeting dated 01.02.2022 (e-voting concluded on
11.02.2022) under Section 30(4) of the IBC by 100% voting share and
no provision of the IBC is contravened even if the Resolution Plan value
is below the liquidation value. This Adjudicating Authority relied on the
Hon’ble Supreme Court’s decision in Maharashtra Seamless Ltd. vs.
Padmanabhan Venkatsh and Ors. (2020) 11 SCC 467 wherein it was
held that:
“28. No provision in the Code or Regulations has been brought to
our notice under which the bid of any resolution applicant has to
match liquidation value arrived at in the manner provided in
Regulation 35 of the CIRP Regulations”.
10.2 We find that the Resolution Plan meets the requirement of being a
Page 12 of 16
viable and feasible and for revival of the Corporate Debtor. By and
large, there are provisions for making the Plan effective after approval
by this Bench.
10.3 This Adjudicating Authority further relied on the Hon’ble Supreme
Court’s decision in the matter of “Vallal RCK vs. M/s. Siva Industries
and Holdings Limited and Others, Civil Appeal Nos. 1811-1812 of
2022”
whereby the Hon’ble Apex Court has answered the question as to
whether ‘the adjudicating authority (NCLT) or the appellate
authority (NCLAT) can sit in an appeal over the commercial
wisdom of the Committee of Creditors (“CoC”) or not’. We rely
upon the following paragraphs:
“21. This Court has consistently held that the commercial wisdom
of the CoC has been given paramount status without any judicial
intervention for ensuring the completion of the stated processes
within the timelines prescribed by the IBC. It has been held that
there is an intrinsic assumption that Financial Creditors are fully
informed about the viability of the Corporate Debtor and the
feasibility of the proposed resolution plan. They act on the basis of
thorough examination of the proposed Resolution Plan and
assessment made by their team of experts.”
A reference in this respect could be made to the judgments of this
Court in the cases of “K. Sashidhar v. Indian Overseas Bank
and Others, Committee of Creditors of Essar Steel India
Limited through Authorised Signatory v. Satish Kumar
Gupta and Others, Maharashtra Seamless Limited v.
Padmanabhan Venkatesh and Others, Kalpraj Dharamshi
and Another v. Kotak Investment Advisors Limited and
Another and Jaypee Kensington Boulevard Apartments
Welfare Association and Others v. NBCC (India) Limited and
Others.
27. This Court has, time and again, emphasized the need or
minimal judicial interference by the NCLAT and NCLT in the
Page 13 of 16
framework of IBC. We may refer to the recent observation of this Court made in the case of Arun Kumar Jagatramka v. Jindal Steel and Power Limited and Another: ….. “95. However, we do take this opportunity to offer a note of caution for NCLT and NCLAT, functioning as the adjudicatory authority and appellate authority under the IBC respectively, from judicially interfering in the framework envisaged under the IBC. As we have noted earlier in the judgment, the IBC was introduced in order to overhaul the insolvency and bankruptcy regime in India. As such, it is a carefully considered and well thought out piece of legislation which sought to shed away the practices of the past. The Legislature has also been working hard to ensure that the efficacy of this legislation remains robust by constantly amending it based on its experience. Consequently, the need for judicial intervention or innovation from NCLT and NCLAT should be kept at its bare minimum and should not disturb the foundational principles of the IBC” 10.4 In light of the above-quoted judgements, it is clear that the “Commercial wisdom of CoC” is given paramount status. This Adjudicating Authority is not endowed with the powers of jurisdiction or authority to analyse or evaluate the commercial decision of the CoC. The Resolution Plan was submitted by the Successful Resolution Applicant namely M/s. Singla Builders and Promoters Limited which was approved by the CoC in its 8th reconvened meeting dated 01.02.2022 (e-voting concluded on 11.02.2022) under Section 30(4) of the IBC by 100% voting share, this Adjudicating Authority cannot interfere in the same. 10.5 On perusal of the documents on record, we are satisfied that the Resolution Plan is in accordance with Sections 25(2)(h), 29A, 30(2), 30(4) and 31(1) of the IBC and also complies with Regulations 35A, 36B(4A), 37, 38(1), 38(1A), 38(1B), 38(2), 38(3), 39(1), 39(2) and 39(4)
Page 14 of 16
of the IBBI (Insolvency Resolution Process for Corporate Persons)
Regulations, 2016. The Applicant/RP has filed a Compliance
Certificate in the prescribed Form, i.e., Form-H as per the amended
Resolution Plan in compliance with Regulation 39(4) of the CIRP
Regulations. The Applicant/RP submits that the Successful Resolution
Applicant is not disqualified under Section 29A of the Code to submit
the Resolution Plan, as required by Regulation 39(1)(a) of the CIRP
Regulations. A separate undertaking has also been submitted along
with the EoI by the Successful Resolution Applicant, as mandated in
terms of Regulation 39(1)(c) of the CIRP Regulations.
10.6 The reliefs, concessions and waivers sought by the Successful
Resolution Applicant will be dealt with strictly as per law.
10.7 As far as the question of granting time to comply with the statutory
obligations/seeking sanctions from governmental authorities is
concerned, the Resolution Applicant is directed to do the same within
one year as prescribed under section 31(4) of the Code.
10.8 In case of non-compliance of this order or withdrawal of the Resolution
Plan within the stipulated time, in addition to other consequences
which follow under law, the CoC shall forfeit the EMD already paid by
the SRA as well as the PBG.
10.9 The present application has been filed with bonafide means, in the
interest of justice and to advance the objectives of the Code.
11 Orders
11.1 The IA-1854/2022 which is for approval of the Resolution Plan is
allowed and the Resolution Plan of Rs. 1,53,13,014/- (Rupees One
Crore Fifty Three Lakh Thirteen Thousand and Fourteen Only) is
approved. The Resolution Plan shall form part of this Order.
“Effective Date” means the date on which this Resolution Plan is
approved by this Adjudicating Authority under Section 31 of the Code.
The main Company Petition, i.e., IB-85(ND)/2021 stands dismissed
accordingly.
Page 15 of 16
11.2 The Resolution Plan is binding on the Corporate Debtor, its employees,
members, creditors, including the Central Government, any State
Government or any local authority to whom a debt in respect of the
payment of dues arising under any law for the time being in force is
due, guarantors and other stakeholders involved in the Resolution
Plan, so that the revival of the Corporate Debtor Company shall come
into force with immediate effect.
11.3 The Moratorium imposed under section 14 of the Code shall cease to
have effect from the date of this order.
11.4 Further from the effective date and until the transfer date, a 3-member
Monitoring Committee or Managing Committee is to be constituted.
The Committee shall consist of one representative of the Resolution
Applicant, one representative of the CoC and the Resolution
Professional.
11.5 The RP shall submit the records collected during the commencement
of the proceedings to the Insolvency and Bankruptcy Board of India
(“IBBI”) for their record.
11.6 Liberty is hereby granted for moving appropriate application(s), if
required in connection with the implementation of this Resolution
Plan.
11.7 A copy of this Order shall be filed by the Resolution Professional with
the Registrar of Companies, (RoC), NCT of Delhi & Haryana. The
Memorandum of Association (MoA) and Articles of Association (AoA)
shall accordingly be amended and filed with the RoC, for information
and record.
11.8 The Resolution Applicant, for effective implementation of the Plan,
shall obtain all necessary approvals, under any law for the time being
in force, within such period as may be prescribed.
11.9 The Resolution Professional shall stand discharged from his duties
with effect from the date of this Order, save and except those duties
Page 16 of 16
that are enjoined upon him for implementation of the approved
Resolution Plan. Further, the Resolution Professional shall supervise
the implementation of the Resolution Plan and file the status of its
implementation before this Authority from time to time, preferably
every quarter.
11.10 Further, in terms of the Judgment of the Hon’ble Supreme Court in
the matter of Ghanshyam Mishra and Sons Private Limited Vs.
Edelweiss Asset Reconstruction Company Limited Civil Appeal No.
8129 of 2019, wherein the Hon’ble Supreme Court held that on the
date of the approval of the Resolution Plan by the Adjudicating
Authority, all such claims which are not a part of the Resolution Plan,
shall stand extinguished and no person will be entitled to initiate or
continue any proceedings in respect to a claims which are not a part
of the Resolution Plan.
11.11 The Resolution Professional is further directed to hand over all records,
premises/factories/documents available with it to the Successful
Resolution Applicant to finalise the further line of action required for
starting the operation. The Successful Resolution Applicant shall have
access to all the records and premises through the Resolution
Professional to finalise the further course of action required for starting
operations of the Corporate Debtor.
11.12 The Registry is hereby directed to send copies of the order forthwith to
the IBBI, all the parties and their Ld. Counsel for information and for
taking necessary steps.
11.13 Certified copy of this order may be issued, if applied for, upon
compliance of all requisite formalities.
File be consigned to the record.
No order as to costs.
Sd/- Sd/-
(ATUL CHATURVEDI)
MEMBER (TECHNICAL)
(BACHU VENKAT BALARAM DAS) MEMBER (JUDICIAL)
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