Everlike Real Estate & Developers Pvt. Ltd. vs Mr. Mohit Goyal, CA, Resolution Professional of Aadi Best Consortium Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NCLAT) 1271

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
NARESH SALECHA, MEMBER (TECHNICAL)
Everlike Real Estate & Developers Pvt. Ltd. – Appellant
Versus
Mr. Mohit Goyal, CA, Resolution Professional of Aadi Best Consortium Private Limited – Respondent

Advocates:
For the Appellants/Petitioners: Ms. Pooja M. Saigal, Mr. Arpit Dwivedi, Ms. Sakshi Kapoor & Mr. Ishank Jha
For the Respondents:Mr. Krishnendu Datta, Sr. Advocate, Mr. Arjun Maheshwari, Ms. Niharki Sharma, Mr. Adish Srivastava, for R-1, Mr. Preetesh Kapur, Sr. Advocate, for R-2

JUDGEMENT

(02.07.2024)

NARESH SALECHA, MEMBER (TECHNICAL)

1. The present Appeal has been filed by Everlike Real Estate & Developers Pvt. Ltd. (in short Appellant) under Section 61 of the Insolvency & Bankruptcy Code, 2016 (in short ‘Code’) against the Impugned Order dated 05.04.2024 passed by the National Company Law Tribunal, New Delhi Bench (Court - II) (in short ‘Adjudicating Authority’) in I.A. No. 114 of 2023 in C.P No. (IB)- 708/ND/ 2021, whereby the Adjudicating Authority dismissed the application filed by the Appellant under 60(5) r/w Section 18(b) of the Code r/w Regulation 13 of the IBBI (Insolvency Resolution Process for the Corporate Person) Regulation, 2016.

2. Mr. Mohit Goyal is the Resolution Professional of the Aadi Best Consortium Private Limited (in short ‘Corporate Debtor’) and Skael Enterprises Private Limited is the Respondent No. 2 who is the Successful Resolution Applicant of the Corporate Debtor.

3. The background of the case is that the Mr. Yogesh Gupta, Sole Proprietor of Rapid Constructions filed an application under section 9 of the Code before the Adjudicating Authority which was admitted vide order dated 31.03.2022 and Corporate Insolvency Resolution Proc