# In the matter of Bee Kay Precisum (India) Pvt. Ltd. vs R.G. Steel CA(AT)(Insolvency) 689-2018

> NCLAT judgment dated 2018-12-03. Citation: TCN-2018-NCLAT-00027. The appeal was preferred by M/s. Bee Kay Precisum (India) Pvt. Ltd. Despite the time given to…

- **Court:** NCLAT
- **Order date:** 3 Dec 2018
- **Citation:** TCN-2018-NCLAT-00027
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bee-kay-precisum-india-pvt-ltd-vs-rg-steel-ca-a1983017

## Summary

### Background

The appeal was preferred by M/s. Bee Kay Precisum (India) Pvt. Ltd. Despite the time given to the appellant, no petition was filed for substitution of the appellant by one of the shareholder/Director of the 'Corporate Debtor'.

## Facts

M/s. Bee Kay Precisum (India) Pvt. Ltd. filed an appeal. However, no petition was filed for the substitution of the appellant by a shareholder or director of the Corporate Debtor. The court considered the maintainability of the appeal at the instance of the Corporate Debtor through its earlier management, referencing the Supreme Court's decision in 'Innoventive Industries Ltd. v. ICICI Bank'. The court found the appeal not maintainable.

## Issues and analysis

### Issue 1: Whether the appeal is maintainable at the instance of the 'Corporate Debtor' through its earlier …

**Ratio:** An appeal is not maintainable at the instance of the 'Corporate Debtor' through its

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**Reasoning:** The court reasoned that because no petition for substitution of the appellant was filed

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**Interpretation:** The interpretation of the law and the precedent set by the Supreme Court in

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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:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** M/s. Bee Kay…
- **Respondents:** Corporate…; R.G. S…

## Timeline

- **2018-12-03 — Order Da…**: The appeal was…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/bee-kay-precisum-india-pvt-ltd-vs-rg-steel-ca-a1983017
