# In the matter of Committee of Creditors of Amtek Auto Limited Through Corporation Bank Vs. Dinkar T. Venkatasubramanian & Ors. CA (AT) (Insolvency) No. 219,442 & 443-2019

> NCLAT judgment dated 2019-05-03. Citation: TCN-2019-NCLAT-00588. The document pertains to Company Appeal (AT) (Insolvency) No. 219 of 2019, Company Appeal…

- **Court:** NCLAT
- **Order date:** 3 May 2019
- **Citation:** TCN-2019-NCLAT-00588
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/committee-of-creditors-of-amtek-auto-limited-through-corporation-bank-vs-dinkar-053aea90

## Summary

### Background

The document pertains to Company Appeal (AT) (Insolvency) No. 219 of 2019, Company Appeal (AT) (Insolvency) No. 442 of 2019, and Company Appeal (AT) (Insolvency) No. 443 of 2019, before the National Company Law Appellate Tribunal, New Delhi. The appeals involve the Committee of Creditors of Amtek Auto Limited Through Corporation Bank, Liberty House Group Pte. Ltd., and Mr. Dinkar T. Venkatasubramanian & Ors. The appeals relate to insolvency resolution plans.

## Facts

The case involves multiple appeals related to the insolvency resolution of Amtek Auto Limited and Liberty House Group Pte. Ltd. The Committee of Creditors (CoC) and other parties are involved in submitting and revising resolution plans. Liberty House Group Pte. Ltd. is required to confirm its commitment to implementing its plan without conditions. The Resolution Professional is tasked with maintaining the company's operations and ensuring timely payments during the resolution process. The appeals are consolidated and posted for admission after the submission of additional affidavits.

## Issues and analysis

### Issue 1: Whether the Committee of Creditors should be allowed to file additional affidavits detailing …

**Ratio:** The court has the discretion to allow parties to present additional evidence or

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**Reasoning:** Allowing the Committee of Creditors to file additional affidavits ensures that all

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**Interpretation:** This interpretation aligns with the principles of natural justice and the need

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**Application:** The court applied this principle by allowing the Committee of Creditors to file

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Committee of…
- **Respondents:** Amtek Auto…; Dinkar T.…
- **Advocates:** Abhinav V…; Mish…; +10 more

## Timeline

- **2019-05-03 — Hearing of…**: The court heard the parties…
- **2019-05-20 — Next Hearin…**: Appeals posted for…

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