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2022 Supreme(Online)(NCLAT) 153

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Dr. Alok Srivastava (Member (Technical)) ,
Jet Aircraft Maintenance Engineers Welfare Association – Appellant
Versus
Mr Ashish Chhawchharia Resolution Professional for Jet Airways India Ltd & Ors – Respondent


JUDGEMENT

ASHOK BHUSHAN, J. This Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the ‘Code’) has been filed against the order dated 11th June, 2020 allowing IA No.998 of 2020 filed in Company Petition (IB) No.2205/MB/2019.

2. The brief facts of the case and sequence of the event, which are necessary to be noticed for deciding this Appeal are:

    (i) The Appellant is a Registered Trade Union representing aircraft maintenance engineers of the Jet Airways (India) Limited (Corporate Debtor).
    (ii) On an Application filed by State Bank of India under Section 7 against the Jet Airways (India) Limited, the Adjudicating Authority initiated Corporate Insolvency Resolution Process (CIRP) by order dated 20th June, 2019. By the same order, Moratorium under Section 14 of the Code was declared with the consequential direction. Respondent No.1 was appointed as Interim Resolution Professional (IRP), which was confirmed as Resolution Professional (RP) in the first meeting of the Committee of Creditors (CoC) held on July 16, 2019. The Appellant’s Union claim worth INR 1,525,859,239/- was admitted by Respondent No.1. Respondent No.2 was const



















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