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2025 Supreme(Online)(NCLAT) 411

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Cosmos Co-Operative Bank Ltd. – Appellant
Versus
CS Anaghaanasingaraju, Liquidator for Pandit Automotive Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ramchandra Madan, Mr. Tushar Nigam
For the Respondents: Mr. Avinash R. Khanolkar, Ms. Surekha Yadav, Ms. Khushbu Bhanushali, Mr. V. Deshpande

JUDGMENT

ASHOK BHUSHAN, J.

This appeal by a secured creditor of the corporate debtor M/s. Pandit Automotive Private Ltd. has been filed challenging the order dated 14.11.2024 passed by the adjudicating authority (National Company Law Tribunal, Mumbai Bench, Court – II) allowing the I.A. No.4873/2023 filed by the liquidator. By the impugned order, adjudicating authority has directed the appellant to make a contribution out of the amount realised by it under Section 52 of the Insolvency and Bankruptcy Code, 2016 , (for short the ‘Code’ or the ‘IBC’), proportionately towards workmen’s dues in accordance with the Section 226(1)(b) of the Companies Act, 2013 and also towards liquidation cost in terms of the Section 52 (8) of the IBC. Aggrieved by the order impugned, this appeal has been filed.

2. Brief facts of the case necessary to be noticed for deciding the appeal are:

i. The corporate debtor mortgaged its immovable property with the appellant as a guarantor to two borrower companies namely M/s. Pandit Automotive Sangli Private Limited and M/s. Pandit Automotive Satara Private Ltd.

ii. The appellant issues notice under Section 13 (2) of the Securitisation and Reconstruction of Financia

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