NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Sandeep Gupta – Appellant
Versus
JM Financial Asset Reconstruction Company Ltd – Respondent
ASHOK BHUSHAN, J.
These four appeals have been filed by the Suspended Director of the
Corporate Debtor - Asian Hotels (West) Ltd. and shareholders of Corporate
Debtor challenging the order passed by the Adjudicating Authority (National
Company Law Tribunal) New Delhi Bench IV admitting Section 7 application
filed by the Financial Creditor as well as orders passed in two Interlocutory
Applications. These appeals arising out of same proceedings were heard
together and are being decided by this common judgment. Company Appeal
(AT) (Ins.) No.1192-1193 of 2022 and Company Appeal (AT) (Ins.) No.1338-
1339 have been filed by the Suspended Directors of the Corporate Debtor –
Asian Hotels (West) Ltd. challenging order dated 16.09.2022 passed by the
Adjudicating Authority admitting Section 7 application filed by the Financial
Creditor in C.P. (IB) No.571/PB/2021. Another order under challenge in
-4-
these appeals is the order dated 16.09.2022 passed in I.A. No.3041 of 2022
filed by JM Financial Asset Reconstruction Company Ltd. by which order the
Adjudicating Authority permitted the JM Financial Asset Reconstruction
Company Ltd. to be substituted in place of Yes Bank, the original Financ
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