# In the matter of Amandeep Singh Bhatia & Ors. Vs. Vitol S.A. & Anr. CA (AT) No. 502-2018

> NCLAT judgment dated 2018-08-30. Citation: TCN-2018-NCLAT-00129. The case involves an appeal against an order by the Adjudicating Authority (NCLT, Mumbai) in…

- **Court:** NCLAT
- **Order date:** 30 Aug 2018
- **Citation:** TCN-2018-NCLAT-00129
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amandeep-singh-bhatia-ors-vs-vitol-sa-anr-ca-049eb28b

## Summary

### Background

The case involves an appeal against an order by the Adjudicating Authority (NCLT, Mumbai) in a liquidation proceeding of Asian Natural Resources (India) Ltd, where the appellants, ex-Directors of the company, were directed to deposit their passports. The Adjudicating Authority's order was based on the fact that the CBI had registered cases and investigations were ongoing against the Ex-Directors. The applicant sought a restrain order against the Ex-Directors from leaving the country. The appellants argued that the Adjudicating Authority did not have the power to pass such an interim order and that it violated Article 21 of the Constitution of India.

## Facts

Asian Natural Resources (India) Ltd is undergoing liquidation. The appellants are the ex-Directors of the company and also personal guarantors on behalf of the Corporate Debtor. An operational creditor filed an application under Section 60(5)(c) r/w Section 67 of I&B Code seeking directions for the appellants to deposit their passports. The Adjudicating Authority (NCLT, Mumbai) passed an order directing the appellants to deposit their passports, considering the ongoing CBI investigation against the Ex-Directors. The appellants appealed against this order, arguing that the Adjudicating Authority lacked the power to pass such an order and that it violated Article 21 of the Constitution of India. The applicant contended that if a restrain order is not passed against

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority is empowered to direct the ex-Directors of a company undergoing …

**Ratio:** The Adjudicating Authority has the power to pass orders necessary to protect the

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**Reasoning:** The NCLAT reasoned that the Adjudicating Authority's power is derived from the need to

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**Interpretation:** This interprets the powers of the Adjudicating Authority under the I&B Code

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**Application:** In this case, the NCLAT applied this principle to uphold the Adjudicating

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Amandeep Singh…
- **Respondents:** Asian Natural…; Vitol…
- **Advocates:** Mr Alok…; Ms Varsha B…; +2 more

## Timeline

- **2018-08-09 — Impugned…**: Adjudicating Authority passed an order directing the appellants to deposit their…
- **2018-08-30 — Order Da…**: Date of the order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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