# In the matter of D.P. Industries, Through its sole proprietor Ravinder Singh Deepak Thukral
Resolution Professional & Anr. I.A. No. 562, 566,568,572,574,577 & 579 of 2023 in Company Appeal (AT) (Insolvency) No.143,144,145,146,147,149 & 150 of 2023

> NCLAT judgment dated 2023-02-22. Citation: TCN-2023-NCLAT-00707. Several Company Appeals (AT) (Insolvency) No. 143, 144, 145, 146, 147, 149 & 150 of 2023 were…

- **Court:** NCLAT
- **Order date:** 22 Feb 2023
- **Citation:** TCN-2023-NCLAT-00707
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dp-industries-through-its-sole-proprietor-ravinder-singh-deepak-thukral-resoluti-02c444f2

## Summary

### Background

Several Company Appeals (AT) (Insolvency) No. 143, 144, 145, 146, 147, 149 & 150 of 2023 were filed against the same order dated 01.12.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh in different CAs in C.P. (IB) No. 155/Chd/Hry/2018. The appeals were filed by Operational Creditors seeking condonation of delay and access to the resolution plan. The Adjudicating Authority had previously directed that claims of various stakeholders be considered by the Resolution Professional and placed before the CoC for approval.

## Facts

D.P. Industries, Bharat Industries, Sagar Auto Industries, Deep Precision Industries, Taif Industries, and Mahalaxmi Industries, Mahalaxmi Fabricators, through their respective proprietors, filed Company Appeals (AT) (Insolvency) No. 143, 144, 145, 146, 147, 149 & 150 of 2023 against an order dated 01.12.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh. The Appellants, as Operational Creditors, sought condonation of delay in filing the appeals and access to the resolution plan. The Adjudicating Authority had directed the Resolution Professional to consider the claims of various stakeholders and place them before the CoC for approval. The appellants argued that they were entitled to a copy of the resolution plan

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## Issues and analysis

### Issue 1: Whether the Appellants, as Operational Creditors, …

**Ratio:** The Tribunal relied on the judgment in 'Company Appeal (AT) (Ins.) No. 643 of 2021,

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**Reasoning:** The Tribunal reasoned that the Appellants need to be aware of the contents of the

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**Interpretation:** The Tribunal interpreted the relevant provisions of the IBC and NCLT Rules to

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**Application:** The Tribunal directed that only the part of the Resolution Plan which deals

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** D.P. Indu…
- **Respondents:** Deepak Th…
- **Advocates:** Swarenendu…; Deepakshi…; +4 more

## Timeline

- **2022-12-01 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh…
- **2023-02-22 — Order…**: Applications filed by the Appellants praying for condonation of delay of 15 days in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(3) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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