J U D G M E N T

(5th November, 2024)

INDEVAR PANDEY, MEMBER (T)

This appeal arises from the Order dated September 23, 2022, passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata, in I.A. No. 390 of 2022, part of C.P. (IB) (KB) No. 204 of 2021. This Order rejected Hari Vitthal Mission’ (Appellant) application challenging the Resolution Professional's (Respondent No. 1) decision to classify the Appellant as a "related party" of the Suasth Healthcare Foundation (Corporate Debtor), which led to the Appellant’s removal from the Committee of Creditors (CoC) of Corporate Debtor (CD).

2. The brief facts of the case are as follows:

(i) In October 2017, Suasth Healthcare Foundation (CD), approached Hari Vitthal Mission /Appellant to raise Rs. 44,20,00,000/-. The request was made to support the construction of a hospital aimed at providing free and affordable medical care to the public. This project was aligned with the charitable objectives of Appellant, which was engaged in providing healthcare relief to the poor. Consequently, an agreement was signed on 10th October 2017 between CD and Appellant. According to the agreement, Appellant committed to provide financial assist