2020 (6) TMI 597 - SC - Insolvency and Bankruptcy

Maintainability of application - by an order dated September 4, 2019 the petition of the appellant was rejected by the National Company Law Tribunal on the ground of admission of the petition of Dalmia Group Holdings on August 8, 2019 - HELD THAT - Since the disputes between respondent No. 1 and Dalmia Group Holdings has been settled and the order dated September 19, 2019 has been set aside, it will be open to the appellant to proceed against respondent No. 1 before the National Company Law Tribunal by seeking recall of the order dated September 4, 2018 and revival of its application C. P. (I. B.) No. 4000/ MP/2018. Appeal disposed off.

Summary

Issues Involved:
1. Admission of petition under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC).
2. Settlement of disputes between respondent and another party.
3. Rejection of appellant's petition by the National Company Law Tribunal.
4. Recalling the order and revival of the application by the appellant.
5. Disposal of Civil Appeal and related cases.

Analysis:
1. The appellant filed a petition under section 7 of the IBC against respondent No. 1 before the National Company Law Tribunal (NCLT) Mumbai, claiming a specific amount along with interest. Additionally, three similar petitions were filed against respondent No. 1 by other parties under the same section of the IBC.

2. One of the petitions filed by Dalmia Group Holdings was admitted by the NCLT, leading to the commencement of the resolution process by appointing an interim resolution professional (IRP). The appellant also filed its claim before the IRP after notices were issued inviting claims from all creditors. However, respondent No. 1 settled its disputes with Dalmia Group Holdings, resulting in the setting aside of certain orders.

3. The appellant's petition was rejected by the NCLT on the grounds of the admission of Dalmia Group Holdings' petition. The NCLT observed that the appellant could file its claim before the IRP appointed in the other petition, although this was not explicitly recorded in the rejection order.

4. Following the settlement between respondent No. 1 and Dalmia Group Holdings, the appellant was granted the opportunity to proceed against respondent No. 1 by seeking the recall of a previous order and the revival of its initial application before the NCLT.

5. The Civil Appeal and related cases were disposed of accordingly, with the order governing other pending applications. All contentions were kept open, and the delay in any pending applications was condoned as per the judgment delivered by the Supreme Court of India.