ORDER

(Hybrid Mode) 01.02.2024: Heard learned counsel for the Appellant. This Appeal has been filed against the order dated 29.11.2023 passed in I.A. No.1081/2023 passed by the National Company Law Tribunal, Chandigarh Bench, Chandigarh. Brief facts of the case necessary to be noticed for deciding this appeal are:

(i) The Appellant before us was appointed as Liquidator on 06.02.2020 with respect to the Corporate Debtor – ‘Isolux Corsan India Engineering & Construction Pvt. Ltd’. The Liquidator filed an I.A. being I.A. No.405 of 2021, where the applicant prayed for following reliefs:

“PRAYER Thus, in the light of above-stated facts and circumstances, it is most respectfully prayed, that this Hon'ble Tribunal may be pleased to:

-2- A. To authorize the Applicant/ Liquidator to defend all of any of the suit, prosecution or other legal proceedings, civil or criminal in the nature of and on behalf of the Corporate Debtor initiated both prior and post the commencement of liquidation proceedings of the Corporate Debtor.

B. To provide a requisition to the Courts, Tribunals and such government authorities for expeditious disposal of matters pending in the name of and against the Corporate Debtor C. To dispense with the requirement for a formal application including payment of fee for future directions to be sought from this Hon'ble Tribunal with respect to initiating future litigation(s) from time to time in the liquidation of the Corporate Debtor.

D. Pass Directions in the nature of blanket/de-facto approval for the institution of the suit or any other legal proceedings by the Liquidator on behalf of the Corporate Debtor in near future so as to ensure appropriate recovery in favour of the Corporate Debtor for its beneficial liquidation.”

(ii) Application I.A. No.405 of 2021 was allowed by the Adjudicating Authority by its order dated 28.04.2022. The order passed by the Adjudicating Authority in I.A. No.405 of 2021 is as follows:

“IA No. 405/2021 -3- IA No. 405/2021 has been filed by applicant- Liquidator under Section 60(5) read with Sections 33(5) & 35(1)(k) of the 188 Code, 2016 seeking permission to defend all of any of the suit, prosecution or other legal proceedings, civil or criminal in the nature of and on behalf of the corporate debtor initiated both prior and post the commencement of liquidation proceedings of the corporate debtor. Vide order dated 29.11.2021, learned counsel for applicant was directed to submit a detailed chart of initiation of the legal proceedings/litigation related to corporate debtor and also for making amendment in IA No. 405/2021. The compliance to that effect has been filed vide Diary No.

00633/4 dated 28.12.2021. The said list is Annexure C-2 with the said affidavit. Keeping in view the facts and circumstances mentioned in the application, IA No.

405/2021 is allowed. The applicant-Liquidator is at liberty to defend all the litigation mentioned in the list Annexure C-2 i.e. prosecution or other consequential proceedings civil as well as criminal nature. IA No. 405/2021 is allowed and disposed of accordingly.”

(iii) A Compliance Affidavit was filed by the Liquidator after order dated 28.04.2022 bringing list of litigations which the Liquidator was to file and defend. The said list has been brought on the record by the Liquidator at page 162 of the Appeal, filed along with Affidavit titled as ‘Compliance Affidavit’. The list contains heading as follows:

“Detailed list of pending litigations filed by/against Isolux Corsan India Engineering & Construction Private Limited in liquidation pending adjudication/ -4- Litigations to be initiated before the different courts/ tribunals pan India except this Hon’ble Tribunal in compliance of order dated 29.11.2021.” (iv) In the said list at Item No.7 following has been captured:

Sr.

No.

CASE TYPE & TITLE NATURE REMARKS & FUTURE COURSE OF ACTION Case Type: Appeal.

Case Title: Isolux Corsan India Engineering & Construction Pvt.

Ltd.

throu