NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Sharad Kumar Sharma, Judicial Member
Phoenix ARC – Appellant
Versus
Jossy Stephen Kattur – Respondent
| Table of Content |
|---|
| 1. challenge to nclt order regarding reclassification of creditor claims. (Para 1) |
| 2. closure of appeal based on joint settlement agreement between parties. (Para 2 , 3 , 4 , 5) |
ORDER (Hybrid Mode)
10.06.2026:
Oral Judgment: Justice Sharad Kumar Sharma, Member (Judicial):
The Appellant in the instant Company Appeal has impugned the order of 19.03.2024, that was passed in IA (IBC) No. 343/2023, which was preferred in CP(IB) No. 33/2021, before the Ld. NCLT, Kochi Bench. The effect of the impugned order was that, the application that was filed by the Resolution Professional of Kerala Chambers of Commerce and Industries, under Section 60(5)(c) of I & B Code, 2016, praying
(i) To reclassify the claims pertaining to the arbitration awards from other Creditors to 'Financial Creditors' and correspondingly revise the voting shares of the CoC members as tabulated therein.
(ii) To reclassify the claims pertaining to the operational creditors from 'other creditors' to 'operational creditors' and
(iii) To reconstitute the Committee of Creditors (CoC) as tabulated there, in the applications.
The said application that was preferred before the Ld. Tribunal had been allowed by the
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