# In the matter of Dauphin Cables Pvt. Ltd. vs. Praveen Bansal Resolution Professional & Ors. Company Appeal (AT) (Insolvency) No. 634 & 636 of 2023

> NCLAT judgment dated 2023-05-18. Citation: TCN-2023-NCLAT-00517. The appeal challenges orders dated 14.02.2023 and 01.03.2023 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 18 May 2023
- **Citation:** TCN-2023-NCLAT-00517
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dauphin-cables-pvt-ltd-vs-praveen-bansal-resolution-professional-ors-company-app-ac951d94

## Summary

### Background

The appeal challenges orders dated 14.02.2023 and 01.03.2023 passed by the Adjudicating Authority. The order dated 14.02.2023 treated the claim of the Financial Creditor as that of an other creditor. The order dated 01.03.2023 directed the CoC to be re-structured and the plan to be re-examined in light of the order passed on 14.02.2023 in IA No. 5940/2021. The appellant is aggrieved by the direction for re-consideration by the CoC and alleges non-compliance with prior orders.

## Facts

Dauphin Cables Pvt. Ltd. filed an appeal against orders passed by the Adjudicating Authority on 14.02.2023 and 01.03.2023. The order dated 14.02.2023 reclassified a Financial Creditor as an Other Creditor. The order dated 01.03.2023 directed the Committee of Creditors (CoC) to be re-structured and the resolution plan to be re-examined. The appellant claimed that the order dated 01.03.2023 was issued without compliance with previous orders. The appellant was aggrieved by the direction for re-consideration by the CoC. The court considered the submission of the appellant and perused the record.

## Issues and analysis

### Issue 1: Whether the order dated 01.03.2023 is infirm and …

**Ratio:** The court held that the order dated 01.03.2023 was a consequential order to the earlier

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**Reasoning:** The court reasoned that the order dated 01.03.2023 was a direct consequence of the

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**Interpretation:** The interpretation is that a subsequent order directly resulting from a prior

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**Application:** The court applied this principle to the facts by determining that the order to

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## Parties

- **Judges:** Ashok Bh…; Naresh Sa…
- **Appellants:** Dauphin Cables…
- **Respondents:** Praveen Bansal…

## Timeline

- **2023-02-14 — Order by Adjudicating…**: The Adjudicating Authority passed an order treating the claim of the Financial Creditor…
- **2023-03-01 — Order by Adjudicating…**: The Adjudicating Authority directed that in view of the order passed on 14.02.2023 in IA…

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