# In the matter of Amit Chandrashekhar Poddar  Vs. Adroit Pharmaceuticals Pvt. Ltd. and Anr. CA (AT) (Ins) No. 493 of 2021

> NCLAT judgment dated 2021-07-19. Citation: TCN-2021-NCLAT-00176. The case involves an appeal against the Adjudicating Authority's (National Company Law…

- **Court:** NCLAT
- **Order date:** 19 Jul 2021
- **Citation:** TCN-2021-NCLAT-00176
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amit-chandrashekhar-poddar-vs-adroit-pharmaceuticals-pvt-ltd-and-anr-ca-257a915a

## Summary

### Background

The case involves an appeal against the Adjudicating Authority's (National Company Law Tribunal) delay in deciding IA No. 102 of 2020. The Corporate Insolvency Resolution Process (CIRP) was initiated on March 8, 2019, and the Resolution Plan of Respondent No. 1 was approved by the Committee of Creditors (CoC). The appellant contends that the Erstwhile Promoter of the Corporate Debtor has been filing various applications to obstruct the proceedings, causing delays, exacerbated by the pandemic. The Resolution Applicant (Respondent No. 1) asserts having made substantial efforts and seeks prompt orders.

## Facts

The Resolution Professional, Amit Chandrashekhar Poddar, representing Unijules Life Sciences Limited, filed an appeal. The Corporate Insolvency Resolution Process (CIRP) for Unijules Life Sciences Limited commenced on March 8, 2019. Adroit Pharmaceuticals Pvt. Ltd. is the Resolution Applicant. The Committee of Creditors (CoC), represented by Asset Reconstruction of India Ltd., approved a Resolution Plan submitted by Adroit Pharmaceuticals Pvt. Ltd. An application under Section 30(6) of the Insolvency and Bankruptcy Code, 2016, was filed on January 8, 2020, before the National Company Law Tribunal (NCLT), Mumbai. IA No. 102 of 2020, remains undecided by the Adjudicating Authority. The Erstwhile Promoters of the Corporate Debtor are allegedly filing applications to

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's delay in deciding IA No. 102 of 2020 warrants intervention by …

**Ratio:** The Adjudicating Authority has a duty to pass appropriate legal orders, considering the

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**Reasoning:** The appellate tribunal expressed its hope and expectation that the Adjudicating Authority

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**Interpretation:** The ratio emphasizes the Adjudicating Authority's responsibility to act within

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** Amit Chandrashekha…
- **Respondents:** Unijules Life…; Adroit Pharmaceuti…

## Timeline

- **2019-03-08 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) commenced for Unijules Life Sciences…
- **2020-01-08 — Application…**: Application under Section 30(6) of the Insolvency and Bankruptcy Code, 2016, was filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(6) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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