JUDGEMENT

(5.7.2023) {Per.: Dr. Alok Srivastava, Member (Technical)]

1. The present appeal is preferred by the Appellant under section 61(1) of the Insolvency and Bankruptcy Code, 2016 (in short “IBC”) aggrieved by the order dated 8.2.2023 (hereinafter called “Impugned Order”) passed by the Adjudicating Authority (NCLT, New Delhi) in I.A. No. 122/2023 filed under CP(IB) No. 1367(PB)/2018.

2. The Appellant Mr. Harish Sharma has filed this appeal in the capacity of operational creditor and lead member of the consortium which seeks to submit a scheme of arrangement under section 230 of the Companies Act, 2013 vis-à-vis corporate debtor. The consortium comprises of the Appellant and Gulshan Investment Company Limited, Montage Enterprises Private Limited and Anantjeet Nutriments LLP and the Appellant is the Power of Attorney Holder of the three last named companies.

3. In brief, the case of the Appellant is that he, by virtue of two distinct Assignment Agreements both dated 15.12.2022 executed with KM Contractors and SNI Infratech respectively, became an operational creditor of the corporate debtor M/s.

C.C Constructions Limited. The Appellant has stated that the corporate debtor