# In the matter of Anurag Chandra Vs. Rohit Sehgal, Liquidator of Affinity Beauty Salon Pvt. Ltd.  
CA(AT)(Ins)No. 898 of 2020

> NCLAT judgment dated 2020-10-19. Citation: TCN-2020-NCLAT-00073. The appeal was filed by Mr. Anurag Chandra, a Financial Creditor, against an order passed by…

- **Court:** NCLAT
- **Order date:** 19 Oct 2020
- **Citation:** TCN-2020-NCLAT-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anurag-chandra-vs-rohit-sehgal-liquidator-of-affinity-beauty-salon-pvt-ltd-caati-ca959d73

## Summary

### Background

The appeal was filed by Mr. Anurag Chandra, a Financial Creditor, against an order passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority approved the resolution plan of Affinity Beauty Salon Pvt. Ltd. (Corporate Debtor). The appeal was specifically limited to the appointment of the ‘Resolution Professional' as ‘Liquidator'.

## Facts

Mr. Anurag Chandra, a Financial Creditor, filed an appeal against the Adjudicating Authority's order approving the resolution plan of Affinity Beauty Salon Pvt. Ltd. The core issue was the appointment of the ‘Resolution Professional' as ‘Liquidator'. Mr. Chandra, as a member of the 'Committee of Creditors', had a share in the distribution mechanism. However, no fault was found with the 'Resolution Professional', and no omission or commission was attributed to him that would disqualify him from being appointed as 'Liquidator'. The Committee of Creditors did not raise any objections to the appointment.

## Issues and analysis

### Issue 1: Whether the Appellant can override the wisdom of the ‘Committee of Creditors' regarding the …

**Ratio:** The decision-making power regarding the appointment of a Liquidator rests primarily with

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**Reasoning:** The court reasoned that the Appellant, even as a member of the Committee of Creditors,

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**Interpretation:** This case reinforces the principle that the Committee of Creditors plays a

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**Application:** The court applied this principle to the specific facts, noting that the

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Anurag Ch…
- **Respondents:** Affinity Beauty…; Rohit S…

## Timeline

- **2020-10-19 — Order Da…**: The Appellant assailed the impugned order passed by the Adjudicating Authority approving…

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