Uttar Pradesh State Power Sector Employees Trust VS Dewan Housing Finance Corporation ltd & Anr

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Dr. Ashok Kumar Mishra (Member (Technical)) , Hon'ble Mr. Vijai Pratap Singh (Member (Technical)) ,
Uttar Pradesh State Power Sector Employees Trust – Appellant
Versus
Dewan Housing Finance Corporation ltd & Anr – Respondent

A NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Insolvency) No.759 of 2021 AND Company Appeal (AT) (Insolvency) No. 760 of 2021 INDEX

S. NO.	CONTENTS	PARA	PAGES
1.	Factual Background	2	4-6
2.	Appellants Submission	3	7-19
i	Monies invested by FD Holders	3.1	7-9
ii	NHB Act is the special statute	3.3	9-11
iii	The impugned Order are passed without keeping in mind the going concern status of DHFL	3.3	12-13
iv	The AA/NCLT failed to consider the repayment obligations	3.4	13-15
v	The Hon’ble NCLT ought to have appreciated that the public depositors are separate from secured / unsecured creditors	3.5	16-17
vi	Implementation of the approved Resolution Plan	3.6	17
vii	The Resolution Plan ought not have been put to the vote before the CoC	3.7	17-18
viii	The Resolution Plan has been implemented and a new entity has been formed	3.8	18-19
ix	Prejudice caused to the Appellant	3.9	19-20
3.	Ist Respondent Submission	4	20-21
4.	The Appellants do no possess the locus standi to file the Appeals	5	21-22

5.	The claims of the Appellants are governed by the IBC alone	6	22-23
6.	Provisions of IBC pr

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