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

2026 Supreme(Online)(NCLAT) 658

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Sharad Kumar Sharma, Judicial Member
Phoenix ARC – Appellant
Versus
Jossy Stephen Kattur – Respondent


Advocates:
For the Appellants/Petitioners: Suresh Dutt Dobhal
For the Respondents: Akhil Suresh, Avinash Krishnan Ravi

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

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