# In the matter of Aashray Social Welfare Society and Ors. Vs. Saha Infratech Pvt. Ltd. CA (AT) (Ins) No. 166 of 2021

> NCLAT judgment dated 2021-03-08. Citation: TCN-2021-NCLAT-00328. The case involves an appeal against the Adjudicating Authority's handling of the Corporate…

- **Court:** NCLAT
- **Order date:** 8 Mar 2021
- **Citation:** TCN-2021-NCLAT-00328
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aashray-social-welfare-society-and-ors-vs-saha-infratech-pvt-ltd-ca-cb6ad920

## Summary

### Background

The case involves an appeal against the Adjudicating Authority's handling of the Corporate Insolvency Resolution Process (CIRP) for Saha Infratech Pvt. Ltd. The CIRP was initiated under Section 7 of the Insolvency and Bankruptcy Code (IBC). An Interim Resolution Professional (IRP), Mr. Arun Jain, was appointed but expressed unwillingness to take up the assignment. The Adjudicating Authority then questioned the IRP instead of appointing a replacement. Several applications were filed by home-buyers, including the Appellants, seeking the substitution of the IRP, but the Adjudicating Authority did not pass any orders. The promoter of the Corporate Debtor is allegedly taking advantage of the pendency of the matter.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Saha Infratech Pvt. Ltd. based on an application under Section 7 of the Insolvency and Bankruptcy Code (IBC). Mr. Arun Jain was appointed as the Interim Resolution Professional (IRP). However, Mr. Jain expressed his unwillingness to take up the assignment. The Adjudicating Authority, instead of appointing a new IRP, questioned Mr. Jain's reasons for not accepting the appointment. Several applications were filed by home-buyers, including the Appellants, seeking the substitution of the IRP. The Adjudicating Authority did not pass any orders on these applications. The promoter of the Corporate Debtor is allegedly benefiting from the pendency of the matter. The Appellants, being home-buyers and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in not appointing a new Interim Resolution Professional …

**Ratio:** The Adjudicating Authority has a duty to ensure the smooth continuation of the CIRP. When

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**Reasoning:** The court reasoned that the Adjudicating Authority's focus on the conduct of the initial

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**Interpretation:** The interpretation is that the Adjudicating Authority has a responsibility to

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**Application:** In this case, the Adjudicating Authority should have immediately initiated the

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## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** Aashray Social…
- **Respondents:** Saha Infratech…

## Timeline

- **2020-02-28 — CIRP Init…**: CIRP initiated against…
- **2020-08-01 — IA filed for IRP…**: Appellant filed I.A. No. 3371 of 2020 seeking appointment of IRP in place of Mr. Arun…

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