# In the matter of Bharat Heavy Electricals Ltd. Vs.  Anil Goel, Liquidator of Visa Power Ltd. & Anr. CA(AT)(Insolvency) No. 802-2019

> NCLAT judgment dated 2019-08-07. Citation: TCN-2019-NCLAT-00371. Bharat Heavy Electricals Ltd. filed an appeal against an order dated July 4, 2019, passed by…

- **Court:** NCLAT
- **Order date:** 7 Aug 2019
- **Citation:** TCN-2019-NCLAT-00371
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bharat-heavy-electricals-ltd-vs-anil-goel-liquidator-of-visa-power-ltd-anr-ca-635e037d

## Summary

### Background

Bharat Heavy Electricals Ltd. filed an appeal against an order dated July 4, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench. The appellant sought an interim order to prevent the liquidator from selling assets on which the appellant claimed to have a charge. The liquidator's counsel stated that the appellant's claim of charge had already been rejected by the liquidator.

## Facts

Bharat Heavy Electricals Ltd. (Appellant) filed an appeal against the order dated 4th July 2019 passed by the Adjudicating Authority (NCLT) Kolkata Bench. The appellant's counsel submitted that CA(IB)684/KB/2019 and CA(IB)792/KB/2019 were filed for an interim order to direct the liquidator not to sell the assets on which the Appellant has a charge. The liquidator's counsel, Mr. Kanishk Khetan, submitted that the Appellant's claim of charge had already been rejected by the liquidator. The appellant argued that the appeal was under Section 42 of the I&B Code, which had not been decided on merit. The court noted that no specific finality had been given to claim the Appellant was an aggrieved person entitled to file an appeal under Section 61 of the I&B Code.

## Issues and analysis

### Issue 1: Whether the Appellant is an aggrieved person entitled to file an appeal under Section 61 of the …

**Ratio:** The right to appeal under Section 61 of the Insolvency & Bankruptcy Code, 2016 is

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**Reasoning:** The court pointed out that no specific finality had been given or order passed to claim

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**Interpretation:** Section 61 of the Insolvency & Bankruptcy Code, 2016 provides a right to

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**Application:** In this case, the court observed that there was no specific finality or order

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Bharat Heavy…
- **Respondents:** Visa Powe…; Anil…

## Timeline

- **2019-07-04 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, passed an…
- **2019-08-07 — Appeal F…**: Bharat Heavy Electricals Ltd. filed an appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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