# In the matter of Amanat Randhawa Hotels Pvt. Ltd. Vs. Shashi Kant Nemani RP of Aryavir Buildcon Private Limited COMPANY APPEAL (AT) (Ins) No. 701 of 2021

> NCLAT judgment dated 2021-10-07. Citation: TCN-2021-NCLAT-00070. The case involves two appeals, Company Appeal (AT) (Insolvency) No. 701 of 2021 and Company…

- **Court:** NCLAT
- **Order date:** 7 Oct 2021
- **Citation:** TCN-2021-NCLAT-00070
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amanat-randhawa-hotels-pvt-ltd-vs-shashi-kant-nemani-rp-of-aryavir-buildcon-priv-a3cac901

## Summary

### Background

The case involves two appeals, Company Appeal (AT) (Insolvency) No. 701 of 2021 and Company Appeal (AT) (Insolvency) No. 785 of 2021, filed by Amanat Randhawa Hotels Pvt. Ltd. against orders passed by the Adjudicating Authority. The Adjudicating Authority had dismissed an application by Amanat Randhawa Hotels for consideration after the approval of a Resolution Plan by the Committee of Creditors (CoC). The Adjudicating Authority also addressed an application by the Resolution Professional seeking approval of a Resolution Plan submitted by Sarabjit Singh.

## Facts

Amanat Randhawa Hotels Pvt. Ltd. filed appeals against orders of the Adjudicating Authority (NCLT) in I.A. 2763 of 2021 and I.A. 2714 of 2021. The Adjudicating Authority dismissed Amanat Randhawa Hotels' application for consideration after the CoC approved a Resolution Plan. The Adjudicating Authority also considered a Resolution Plan submitted by Sarabjit Singh. The Resolution Professional (RP) issued a public announcement under Section 15 of the Code on 25.12.2020, inviting claims from creditors. The RP collated the list of creditors and constituted the CoC. The RP carried out publication of Form G inviting Expression of Interest (EOI) on 19.02.2021 and 20.02.2021. Nine EOIs were received. The CoC extended the last date for submission of Resolution Plans from

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the application of Amanat Randhawa Hotels …

**Ratio:** The commercial wisdom of the Committee of Creditors (CoC) is paramount, and the scope of

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**Reasoning:** The court relied on precedents from the Supreme Court, including 'Committee of Creditors

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**Interpretation:** The Adjudicating Authority and the Appellate Tribunal cannot enter into the

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**Application:** The court found that the Adjudicating Authority did not err in dismissing the

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## Parties

- **Judges:** Anant Bijay…; Shreesha…; +1 more
- **Appellants:** Amanat Randhawa…
- **Respondents:** Aryavir Buildcon…; Shashi Kant…

## Timeline

- **2020-12-25 — Public Annou…**: IRP issued a public announcement under…
- **2021-02-15 — CoC Meet…**: 2nd Meeting of the CoC…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(3) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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