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2022 Supreme(Online)(NCLAT) 95

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Mr. Vijai Pratap Singh (Member (Technical)) , Hon'ble Dr. Ashok Kumar Mishra (Member (Technical)) ,
Roopjyot Engineering Private Limited & Ors. – Appellant
Versus
The Administrator of Dewan Housing Finance Corporation Limited & Ors. – Respondent


JUDGEMENT

(Virtual Mode) [Per; V. P. Singh, Member (T)]

1. These three Appeals emanate from the Common Order dated 07.06.2021 passed by the Adjudicating Authority/National Company Law Tribunal, Mumbai Bench, Mumbai in IA No 623 of 2021 in IA 449 of 2021 Company Petition (IB) No. 4258/MB/2019, whereby the Adjudicating Authority has rejected IA No. 623/2021 under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (in short 'I&B Code') filed for rejecting IA No. 449/2021 Applied for approval of Resolution Plan. The Parties are represented by their original status in the Company Petition for the sake of convenience.

2. Factual Background

2.1 Owing to the governance of concerns and defaults by DHFL in meeting various payment obligations, the RBI has, by notification dated 20 November 2019, superseded the Board of Directors of DHFL and appointed this administrator to manage the affairs of DHFL. The RBI filed Company Petition under Section 227 r/w 239 (2)(zk) of the I&B Code,2016 and by order dated Company Appeal (AT) (Insolvency) No. 454, 455 & 750 of 2021 7 of 143 3 December 2019 petition was admitted. During the CIRP of DHFL,










































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