# In the matter of Bharatiya Kamgar Sena Workmen Union of BDIL Vs.
Vijay Kumar Iyer, (Liquidator) & Anr. I.A. No. 346 & 347 of 2022
in
Company Appeal (AT) (Ins.) No. 243 of 2021

> NCLAT judgment dated 2022-07-19. Citation: TCN-2022-NCLAT-00681. The case involves an appeal against a previous order. The appellant sought approval of a…

- **Court:** NCLAT
- **Order date:** 19 Jul 2022
- **Citation:** TCN-2022-NCLAT-00681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bharatiya-kamgar-sena-workmen-union-of-bdil-vs-vijay-kumar-iyer-liquidator-anr-i-7a6c1975

## Summary

### Background

The case involves an appeal against a previous order. The appellant sought approval of a proposal to acquire and run the 'Corporate Debtor' as a 'going concern'.

## Facts

Bharatiya Kamgar Sena Workmen Union of BDIL filed an appeal.

The appellant sought approval to acquire and run the 'Corporate Debtor' as a 'going concern'.

The application was filed as I.A. No. 346 of 2022 in Company Appeal (AT) (Ins.) No. 243 of 2021.

The court dismissed the application I.A. No. 346 of 2022.

Company Appeal (AT) (Ins.) No. 243 of 2021 was disposed of vide common Judgment and order dated 08.12.2021.

The Hon'ble Supreme Court dismissed the Civil Appeal No. 1723 of 2022 dated 11.03.2022 and confirmed the Judgment passed by this Bench.

## Issues and analysis

### Issue 1: Whether the application to acquire and run the 'Corporate Debtor' as a 'going concern' should be …

**Ratio:** The court is not inclined to

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**Reasoning:** The court considered the facts

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**Interpretation:** The court has the discretion to accept or reject the application based on the

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**Application:** The court applied its discretion

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## Parties

- **Judges:** Anant Bijay…; Shreesha…
- **Appellants:** Bharatiya Kamgar…
- **Respondents:** Vijay Kuma…
- **Other parties:** NATIONAL COMPANY…
- **Advocates:** Ashok Kuma…; Naman K…

## Timeline

- **2022-07-19 — Order Da…**: Order issued in virtual…
- **2021-12-08 — Judgement…**: Company Appeal (AT) (Ins.) No. 243 of 2021 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/bharatiya-kamgar-sena-workmen-union-of-bdil-vs-vijay-kumar-iyer-liquidator-anr-i-7a6c1975