SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2026 Supreme(Online)(NCLAT) 465

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
N. Seshasayee, J, Arun Baroka, Technical Member
Nimai Gautam Shah – Appellant
Versus
Raj Radhe Finance Ltd. – Respondent


For Appellant:Mr. Krishnendu Datta, Sr. Advocate with Mr. Harshit Khanduja, Ms. Sujal Gupta, Mr. Pulkit Khanduja and Mr. Harsh Gurbani, Advocates, Mr. Neeraj Malhotra, Sr. Advocate with Mr. Abhinav Agarwal, Mr. Nimish Kumar Gupta, Mr. Piyush Bhardwaj, and Mr. Shivam Sen Gupta, Advocates, Mr. Abhijeet Sinha, Sr. Advocate with Mr. Himanshu Satija, Mr. Harsh Saxena, Mr. Shevaaz Khan, Ms. Ridhi Ranjan, Mr. Anshul Rao, Advocates
For Respondent:Mr. Abhijeet Sinha, Sr. Advocate with Mr. Raheel Patel, Mr. Himanshu Satija, Mr. Harsh Saxena, Mr. Shevaaz Khan, Ms. Ridhi Ranjan, Mr. Anshul Rao, Advocates, Mr. Krishnendu Datta, Sr. Advocate with Mr. Harshit Khanduja, Advocate for RP, Kamil Lokhandwala, Advocate for Liquidator

COMMON JUDGEMENT

Per Justice N. Seshasayee, Member (Judicial)

1.1 These appeals are preferred against the Order of the Adjudicating Authority (NCLT-I, Ahmedabad), dated 23.06.2025, in C.P.(IB) 69 of 2023, rejecting a resolution plan which the CoC had approved.

1.2 M/s Zep Infratech Ltd., the CD, underwent a CIRP process. It was partially successful in that the CoC had approved the resolution plan, but not the Adjudicating Authority. The CoC is aggrieved for whatever they along with the other creditors are entitled to receive is still at a distance. The Resolution Professional, someone who under the scheme of IBC is required to remain neutral and dispassionate, feels aggrieved since his conduct was adversely commented upon by the Adjudicating Authority. The SRA also feels aggrieved since the Adjudicating Authority had inter alia held that the plan was neither feasible nor viable since the SRA has not demonstrated its financial capacity. In short, the three principal players of a successful resolution process – the CoC, the RP and the SRA all were unhappy with the outcome and hence have preferred separate appeals challenging the Order of the Adjudicating Authority with the common object

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top