# In the matter of Basheer Kunnummal & Ors. vs. Mather Projects Pvt. Ltd. & Ors.  I.A. No. 1577 of 2023 in Company Appeal (AT) (Insolvency) No.482 of 2023

> NCLAT judgment dated 2023-05-11. Citation: TCN-2023-NCLAT-00817. The appeal was filed against the order dated 01.02.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 11 May 2023
- **Citation:** TCN-2023-NCLAT-00817
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/basheer-kunnummal-ors-vs-mather-projects-pvt-ltd-ors-ia-no-1577-of-2023-in-compa-5eca2d79

## Summary

### Background

The appeal was filed against the order dated 01.02.2023 passed by the Adjudicating Authority in I.A. No. 384 of 2023 and I.A. No. 385 of 2023. The order pertained to taking on record the Resolution Professional's report for the quarter ending 31.07.2022 and 30.04.2022.

## Facts

The appeal was filed against an order dated 01.02.2023.

The Adjudicating Authority passed the order in I.A. No. 384 of 2023 and I.A. No. 385 of 2023.

The order involved taking on record the Resolution Professional's report for the quarter ending 31.07.2022 and 30.04.2022.

The Appellant claimed they were not given an opportunity to contest the report.

The Appellant claimed the Adjudicating Authority did not verify the facts in the report.

The court stated it is the Resolution Professional's obligation to submit reports.

The court stated the Appellant can seek remedies if aggrieved by the report.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in taking the Resolution Professional's report on record …

**Ratio:** The court did not find any grounds to entertain the appeal against the order by which

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**Reasoning:** The court stated that it is the obligation of the Resolution Professional to submit

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**Interpretation:** The court interpreted that the process of taking a report on record does not

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**Application:** The court applied this interpretation to the present case, finding no reason to

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Basheer Kunnummal…
- **Respondents:** Mather Projects…; Mather Projects…
- **Advocates:** Abhishek…; Sudhanshu P…; +2 more

## Timeline

- **2023-05-11 — Order Da…**: The date on which the order was passed by the…
- **2023-02-01 — Order under…**: The date of the order passed by the Adjudicating Authority in I.A. No. 384 of 2023 and…

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