# In the matter of CoC Represented through UCO Bank vs. Mr. Parag Sheth, IRP of Digjam Limited

> NCLAT judgment dated 2019-11-15. Citation: TCN-2019-NCLAT-00131. The 'Committee of Creditors' preferred an appeal seeking reliefs including allowing the…

- **Court:** NCLAT
- **Order date:** 15 Nov 2019
- **Citation:** TCN-2019-NCLAT-00131
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/coc-represented-through-uco-bank-vs-mr-parag-sheth-irp-of-digjam-limited-a6ea0c94

## Summary

### Background

The 'Committee of Creditors' preferred an appeal seeking reliefs including allowing the appeal, directing the replacement of the Interim Resolution Professional (IRP) with a proposed Resolution Professional (RP), directing the National Company Law Tribunal (NCLT), Ahmedabad Bench to expedite the adjudication of an application filed by the CoC seeking the replacement of the IRP, and directing the Adjudicating Authority to prepone the listing of the said application and dispose of the matter on the same date.

## Facts

The 'Committee of Creditors' (CoC), represented by UCO Bank, filed an appeal before the National Company Law Appellate Tribunal (NCLAT) against Mr. Parag Sheth, the Interim Resolution Professional (IRP) of Digjam Limited. The CoC sought several reliefs, including the replacement of the IRP and expedited adjudication of their application before the NCLT, Ahmedabad Bench. The CoC's application before the NCLT was related to C.P. (IB) No.594/NCLT/AHM/2018, seeking the replacement of the IRP. The appeal was filed because the CoC wanted the NCLAT to direct the NCLT to expedite the resolution of their application. However, the NCLAT found that no specific order was under challenge, rendering the appeal not maintainable.

## Issues and analysis

### Issue 1: Whether the appeal filed by the 'Committee of Creditors' is maintainable before the National …

**Ratio:** An appeal is not maintainable if no specific order is under challenge before the

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**Reasoning:** The court reasoned that the appellant was essentially seeking directions that should be

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**Interpretation:** Section 61 of the Insolvency and Bankruptcy Code, 2016, allows an aggrieved

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**Application:** In this case, the 'Committee of Creditors' was seeking directions to expedite

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…
- **Appellants:** CoC Represented…
- **Respondents:** Digjam Li…; Parag S…

## Timeline

- **2019-11-15 — Appeal F…**: The 'Committee of Creditors' preferred an…

## 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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