# In the matter of A to Z Barter Pvt. Ltd. Vs. Inox Leisure & Anr. CA(AT)(Ins) No. 05 of 2020

> NCLAT judgment dated 2020-01-06. Citation: TCN-2020-NCLAT-00589. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 6 Jan 2020
- **Citation:** TCN-2020-NCLAT-00589
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/a-to-z-barter-pvt-ltd-vs-inox-leisure-anr-ca-d59f0702

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appeal's maintainability is questioned at the instance of the 'Corporate Debtor' due to a prior decision by the Supreme Court in Innoventive Industries Ltd. V/s ICICI Bank. The appellant's counsel requests permission to file an application for substitution of the appellant.

## Facts

The appellant, A to Z Barter Pvt. Ltd., filed an appeal. The maintainability of the appeal is challenged because the appeal was filed at the instance of the 'Corporate Debtor'. The Hon'ble Supreme Court's decision in Innoventive Industries Ltd. V/s ICICI Bank 2018 (1) SCC 407 (Para- 11) is relevant to the maintainability of the appeal. The appellant's counsel requested permission to file an application for substitution of the appellant by an aggrieved person, such as a Director/Shareholder. The court allowed the appellant's counsel to file the substitution application within a week and transpose the Appellant as 3rd Respondent. The case was then posted for orders on January 17, 2020, along with the substitution petition.

## Issues and analysis

### Issue 1: Whether the appeal is maintainable at the instance of the ‘Corporate Debtor' in view of the …

**Ratio:** The ratio is based on the principle that an appeal may not be maintainable at the

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**Reasoning:** The court's reasoning is that the Supreme Court's decision in Innoventive Industries Ltd.

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**Interpretation:** The interpretation involves understanding the implications of the Supreme

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**Application:** The ratio and reasoning are applied to the specific facts of the case by

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Respondents:** A to Z Barter…; Inox Leisure &…

## Timeline

- **2020-01-06 — Order Da…**: Court finds the appeal's maintainability questionable at the instance of the 'Corporate…
- **2020-01-17 — Next Hearin…**: Appeal posted for orders along…

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