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2026 Supreme(SC) 627

K. V. VISWANATHAN, VIPUL M. PANCHOLI
Sanjay Dave – Appellant
Versus
Andhra Bank Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Purti Gupta, AOR Ms. Purti Gupta (arguning Counsel), Adv. Ms. Henna George, Adv. Ms. Sunidhi Sah, Adv. Ms. Khushi Sharma, Adv. Ms. Pooja, Adv.
For the Respondent(s): Mr. Gaurav Agarwal, Sr. Adv. Mr. Surya Prakash, AOR Mr. Arun Kumar Shukla, Adv. Mr. Naman Shukla, Adv. Mr. Yasharth Shukla, Adv. Ms. Anjali Sharma, Adv. Mr. Mandeep Singh Vinaik, Adv. Mr. Deepak Bashta, Adv. Ms. Shagun Matta, AOR

JUDGMENT

K.V. VISWANATHAN, J

1. The present appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (for short, “the Code”) call in question the correctness of the judgment dated 29th October, 2024 passed by the National Company Law Appellate Tribunal New Delhi (for short, “the NCLAT”) in Company Appeal (AT)(INS) Nos. 1128, 1131 and 1134 of 2024.

SUMMARY OF THE FACTS

2. The Corporate Insolvency Resolution Process (CIRP) out of which the present appeals arise, concerns the Corporate-Debtor by the name M/s. Oracle Home Textiles Limited. The CIRP was admitted on 9th August, 2018 and the Resolution Professional (RP) came to be appointed. On 6th February, 2019 a Request For Resolution Plan (RFRP) was issued by the RP. With the permission of the National Company Law Tribunal (for short, “the NCLT”), the appellant submitted a Resolution Plan. The appellant was the Promotor/Director of M/s. Oracle Homes Textiles Limited. This entity had a certificate of MSME (Micro, Small, and Medium Enterprises). On 10th May, 2021 the appellant was informed that the Resolution Plan submitted by him had been approved by the Committee of Creditors (CoC) with the voting majority of 99.90%.

3. It m

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