# in the matter of Dushyant Dave vs. Gospell Digital Technology Co. Ltd. & Ors.

> NCLAT judgment dated 2024-09-27. Citation: TCN-2024-NCLAT-00173. This appeal arises from an order dated 04.03.2024 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 27 Sept 2024
- **Citation:** TCN-2024-NCLAT-00173
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dushyant-dave-vs-gospell-digital-technology-co-ltd-ors-9a08cc27

## Summary

### Background

This appeal arises from an order dated 04.03.2024 passed by the National Company Law Tribunal, Mumbai Bench-I, regarding the Corporate Insolvency Resolution Process (CIRP) of M/s Altius Digital Private Limited. Gospell Digital Technologies Private Limited, an Operational Creditor, initiated the CIRP. Dushyant Dave, the initial Interim Resolution Professional (IRP), was later removed, leading to this appeal. The core issue revolves around the conduct of the IRP, particularly concerning the inclusion of Asha Apartments Pvt. Ltd. as a financial creditor and the reconstitution of the Committee of Creditors (CoC).

## Facts

Gospell Digital Technology Co. Ltd. initiated CIRP against M/s Altius Digital Private Limited. Dushyant Dave was appointed as the IRP. Gospell Digital filed a claim of Rs. 144 crores. Asha Apartments Pvt. Ltd. submitted an incomplete claim as a financial creditor, later updating it. The IRP admitted Asha Apartments' claim, granting them 100% voting rights in the CoC, despite concerns about the claim's validity and the fact that the claim was submitted after the deadline. The AA removed Dushyant Dave as IRP, citing concerns about his impartiality and the integrity of the CIRP process. The loan agreement between Asha Apartments and the Corporate Debtor was executed after the CIRP petition was filed. Asha Apartments was allegedly involved in providing accommodation

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's (AA) order removing the Interim Resolution Professional (IRP) …

**Ratio:** The IRP must act impartially and in accordance with the IBC and its regulations. If the

…

**Reasoning:** The tribunal found that the IRP had acted in a biased manner by prematurely admitting the

…

**Interpretation:** The AA has the power to remove an IRP if their conduct is not in line with the

…

**Application:** The IRP's actions in admitting Asha Apartments' claim and reconstituting the

…

## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Dushyant…
- **Respondents:** Altius Digital…; GOSPELL DIGITAL…

## Timeline

- **2022-12-14 — Filing of Section 9…**: Gospell Digital Technologies Co. Ltd. files the Section 9 Company Petition (IB) No. 137…
- **2023-02-17 — Notice I…**: Notice issued in the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/dushyant-dave-vs-gospell-digital-technology-co-ltd-ors-9a08cc27