# In the matter of Central Bank of India vs. Cure Life Care Pvt. Ltd.

> NCLAT judgment dated 2025-08-28. Citation: TCN-2025-NCLAT-00497. The appellant, Central Bank of India, challenged the order of the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 28 Aug 2025
- **Citation:** TCN-2025-NCLAT-00497
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/central-bank-of-india-vs-cure-life-care-pvt-ltd-d0038170

## Summary

### Background

The appellant, Central Bank of India, challenged the order of the Adjudicating Authority regarding I.A. No. 37 of 2024, dated 21.11.2024, where the Resolution Professional (RP) sought approval for the Resolution Plan approved by the Committee of Creditors (CoC).

## Facts

Central Bank of India extended a loan facility to Cure Life Care Pvt. Ltd. amounting to Rs. 23,08,33,945.

The debt was secured through the fixed assets of Cure Life Care Pvt. Ltd.

Central Bank of India sold the secured assets under the SARFAESI Act and realized part of the loan dues.

The sale was confirmed on 23.05.2019.

Central Bank of India moved the Adjudicating Authority under Section 7 of the IBC for the remaining default amount of Rs. 6,89,38,756.

The application under Section 7 of IBC was admitted, and the resolution process commenced.

The resolution was successful, and the CoC approved the resolution plan of the SRA.

The RP moved I.A. 37 of 2024 seeking approval of the Adjudicating Authority under Section 31 of the IBC.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in requiring the consent of operational and unsecured …

**Ratio:** The Adjudicating Authority erred in requiring or insisting that the consent of the

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**Reasoning:** Under the scheme of IBC, it is not required to obtain the consent of operational

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**Interpretation:** The Adjudicating Authority's role in approving a resolution plan is limited and

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**Application:** The Tribunal set aside the Adjudicating Authority's order and approved the

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## Parties

- **Judges:** N. Sesha…; Barun M…
- **Appellants:** Central Bank of…
- **Respondents:** Cure Life Care…
- **Other parties:** Vcan Resolve IPE…
- **Advocates:** Tushar…; Aastha Ka…; +1 more

## Timeline

- **2024-11-21 — Date of I.A.…**: I.A. No. 37 of 2024 was filed by the RP seeking approval of the Adjudicating Authority…
- **2019-05-23 — Confirmation…**: The sale of secured assets by the appellant under the SARFAESI Act was confirmed on this…

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