# In the matter of Haravtar Singh Arora Vs. Punjab National Bank & Ors. CA (AT) No. 567-2018

> NCLAT judgment dated 2018-09-20. Citation: TCN-2018-NCLAT-00110. The appeal was filed by the Director of 'James Hotels Limited' (Corporate Debtor) against the…

- **Court:** NCLAT
- **Order date:** 20 Sept 2018
- **Citation:** TCN-2018-NCLAT-00110
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/haravtar-singh-arora-vs-punjab-national-bank-ors-ca-c0090bc6

## Summary

### Background

The appeal was filed by the Director of 'James Hotels Limited' (Corporate Debtor) against the order dated August 8, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh, after a delay of two days. The appellant contested the appointment of the 'Valuer'/'Accountant'.

## Facts

The Director of 'James Hotels Limited' (Corporate Debtor) filed an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The appeal was delayed by two days. The appellant contested the appointment of the 'Valuer'/'Accountant'. The appellant also contended that cases pending against the 'Corporate Debtor' were not stopped by the 'Resolution Professional'. The Adjudicating Authority's order was dated August 8, 2018.

## Issues and analysis

### Issue 1: Whether the appointment of the …

**Ratio:** The Resolution Professional is vested with the power to engage an Accountant, legal, or

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**Reasoning:** The court stated that it was not inclined to accept the submission that the appointment

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**Interpretation:** Section 25(d) of the 'I&B Code' grants the Resolution Professional the

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**Application:** The court applied the ratio to the facts by stating that the Resolution

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Haravtar Singh…
- **Respondents:** James Hotels…; Punjab National…
- **Advocates:** D. K. D…; D. Ge…; +5 more

## Timeline

- **2018-08-08 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, passed an…
- **2018-09-20 — Order of…**: The NCLAT dismissed the appeal filed by…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 25 — Duties of resolution professional](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-25)

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