NATIONAL COMPANY LAW TRIBUNAL
Harnam Singh Thakur, Shishir Agarwal, JJ
Kone Elevator India Pvt. Ltd. – Appellant
Versus
Chandigarh Overseas Pvt. Ltd. – Respondent
CP(IB) No. 248/Chd/Chd/2019 | IA No. 2105/2023
| Table of Content |
|---|
| 1. application seeking exclusion of speculative investors from committee of creditors. (Para 1 , 4 , 5) |
| 2. court clarifies claims may still be valid despite corporate status being struck off. (Para 10 , 21 , 35) |
| 3. court emphasizes that speculative status does not negate financial creditor status. (Para 12 , 24 , 26 , 28) |
| 4. result of the application concluded; ia dismissed. (Para 36) |
ORDER
The present Application has been filed by Mr. Tejinder Pal Setia, Suspended Director of Chandigarh Overseas Private Limited (“Corporate Debtor” or “CD”) under Section 60 (5) read with Section 21 of Insolvency and Bankruptcy Code (“IBC”) seeking to exclude Respondent No. 2 and 3 from the Committee of Creditors (“CoC”) on the ground that they are neither Financial Creditors nor Class of Creditors- Homebuyers/Allottees, as they are business partners/service providers and cannot be treated as homebuyers and are speculative investors and with a prayer to reconstitute the CoC and declare all the actions and decisions including the resolutions passed in 1st CoC meeting dated 03.08.2023 as illegal. A further prayer has been made that affairs of the Respondent Nos. 2 and 3 be inquired/investigated by Proforma Respondents 4- 7, i.e. jurisdictional Department of Income Tax and Registrar of Companies.
2) The Respondent No. 1 had earlier filed Reply vide Diary No. 2967/1 dated 26.9.2023 and was later permitted to file an Updated Reply vide order dated 4.1.2024, in compliance with which, Updated Reply was filed vide Diary No. 2967/11 dated 15.1.2024. Replies have also been filed by Respondent Nos. 2 & 3 vide Diary No. 2967/2 dated 3.10.23 and Diary No.2967/3 dated 4.10.23 respectively. The Applicant has filed Rejoinder to Replies vide Diary No. 2967/4 dated 04.10.2023, Diary Nos. 2967/5 and Diary No. 2967/6 dated 10.10.2023. Respondent Nos. 2 and 3 have filed further Replies vide Diary Nos. 2967/7 and 2967/8 dated 16.10.2023. The Respondent Nos. 4-7 have not entered appearance. The parties have also filed their respective Short Notes.
3) The Applicant had also filed IA No. 2209/2023 to place on record additional documents in the present IA, which was allowed subject to just exceptions vide order dated 09.05.2024.
4) BRIEF FACTS: The uncontroverted chronological facts in brief are as under:
| Dates | Events |
| 27.02.2023 | Order of admission by this Hon'ble Tribunal |
| 01.03.2023 | Public Announcement in Financial Express (English), Amar Ujala (Hindi), Punjabi Tribunal (Punjabi) |
| 02.03.2023 | The order of admission dated 27.02.2023 was stayed by the Hon'ble NCLAT |
| 04.07.2023 | The Hon'ble NCLAT dismissed the aforesaid appeal and vacated the stay |
| 07.07.2023 | Public notice published in three newspapers namely Financial Express (English), Amar Ujala (Hindi), Punjabi Tribune (Punjabi) |
| 14.07.2023 | Last date of Submission of claim |
| 20.07.2023 | NCLT directed IRP not to constitute the CoC till 26.07.2023 |
| 26.07.2023 | This Hon'ble Tribunal was pleased to exclude the period of 120 days i.e. from 02.03.2023 to 04.07.2023 in IA 1564/23 |
| 03.08.2023 | First meeting of CoC was held |
| 04.08.2023 | Hon'ble Supreme Court passed an order of status quo |
| 11.08.2023 | Hon'ble NCLAT granted stay till the pronouncement |
| 23.08.2023 | Hon'ble NCLAT was pleased to dismiss the Appeal and vacate the stay |
| 06.09.2023 | Appeal by the Erstwhile promoter was dismissed by the Hon'ble Apex Court |
| 17.09.2023 | Publication of Form-G |
| 02.10.2023 | Last date for receipt of expression of interest |
| 12.10.2023 | Date of issue of provisional list of prospective resolution Applicants |
| 17.10.2023 | Last date for submission of objections to provisional list |
| 17.10.2023 | Last date for issue of request for Resolution Plans under Regulations 36B (after exclusion) |
| 18.10.2023 | Expiry of 90 days from the date of Commencement of CIRP (After Exclusion) |
| 17.11.2023 | Last Date for submission of Resolution Plan |
| 22.11.2023 | 4th meeting of the CoC |
| 17.12.2023 | 5th meeting of the CoC |
| 20.12.2023 | Revised last date for submission of Resolution Plan |
SUBMISSIONS OF THE APPLICANT
5) The Respondent No. 2 and 3 are not

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