# In the matter of Aashray Social Welfare Society & Ors. Vs.
Saha Infratech Pvt. Ltd. & Ors Company Appeal (AT) (Insolvency) No. 904 of 2021

> NCLAT judgment dated 2022-06-01. Citation: TCN-2022-NCLAT-00444. This case involves an appeal against an order dated 21.10.2021 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 1 Jun 2022
- **Citation:** TCN-2022-NCLAT-00444
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aashray-social-welfare-society-ors-vs-saha-infratech-pvt-ltd-ors-company-appeal-d7d3ba3e

## Summary

### Background

This case involves an appeal against an order dated 21.10.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Bench-II, rejecting the Appellants' application for impleadment in I.A. No. 2365/2021 and I.A. No. 2366/21. The Appellant No. 1 is a registered society of 102 members who are allottees of a real estate project developed by the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor commenced on 28.02.2020. The Appellants sought impleadment in applications filed by Respondent Nos. 2 and 3, who were challenging the rejection of their claims by the Interim Resolution Professional (IRP). The Adjudicating Authority rejected the impleadment application, leading to this appeal.

## Facts

The Appellant No. 1 is a registered society comprised of 102 members who are allottees of the 'Amadeus' real estate project being developed by the Corporate Debtor. The CIRP of the Corporate Debtor commenced on 28.02.2020. The Interim Resolution Professional (IRP) did not take charge. The Appellants filed an application seeking replacement of the IRP. The Appellants also filed an appeal seeking direction to the NCLT to appoint a new IRP. The Adjudicating Authority appointed Respondent No. 3 as IRP on 05.04.2021. The Committee of Creditors (CoC) comprises of the Homebuyers (99.85%), and Members of the Appellant No. 1 constitute 70% of the CoC. Respondent Nos. 2 and 3 filed their claims before the IRP. The IRP partially rejected the claim of Respondent No. 2 and

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## Issues and analysis

### Issue 1: Whether the application for impleadment filed by the Appellants before the Adjudicating Authority …

**Ratio:** The statutory scheme under Section 21(6-A) and Section 25-A of the Code indicates that

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**Reasoning:** The Adjudicating Authority's view that the Authorised Representative's role precludes

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**Interpretation:** The role of the Authorised Representative is limited to attending meetings of

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**Application:** In this case, the Appellants, representing a majority of the homebuyers, sought

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## Parties

- **Judges:** Ashok Bh…; Shreesha…; +1 more
- **Appellants:** Aashray Social…
- **Respondents:** Amad…; Saha Infratech…
- **Advocates:** Krishnendu…; Raghavendra M.…; +8 more

## Timeline

- **2020-02-28 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor commenced vide…
- **2021-04-05 — IRP Appoi…**: The Adjudicating Authority appointed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(8) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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