# In the matter of Hari Vitthal Mission Vs.
Ravi Sethia,
Resolution Professional of
Suasth Healthcare Foundation Company Appeal (AT) (Insolvency) No. 710 of 2022

> NCLAT judgment dated 2022-07-04. Citation: TCN-2022-NCLAT-00401. This is a Company Appeal (AT) (Insolvency) No. 710 of 2022. The appeal was filed against an…

- **Court:** NCLAT
- **Order date:** 4 Jul 2022
- **Citation:** TCN-2022-NCLAT-00401
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hari-vitthal-mission-vs-ravi-sethia-resolution-professional-of-suasth-healthcare-7dd944ab

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 710 of 2022. The appeal was filed against an order dated 25.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata in IA(IBC)390(KB)2022 in CP (IB) - 204/KB/2021. The appellant filed an application praying to be included in the Committee of Creditors (CoC), arguing they are not a related party, while the Resolution Professional considered them a related party. The Adjudicating Authority fixed the application for hearing on 22.06.2022 and noted that the final outcome of the CIRP would be subject to the outcome of I.A. 390/2022.

## Facts

Hari Vitthal Mission filed an appeal against an order passed by the Adjudicating Authority (NCLT), Kolkata Bench, on 25.05.2022. The order pertained to IA(IBC)390(KB)2022 in CP (IB) - 204/KB/2021. The appellant sought inclusion in the Committee of Creditors (CoC), contending they were not a related party. The Resolution Professional, Ravi Sethia of Suasth Healthcare Foundation, had classified the appellant as a related party. The Adjudicating Authority scheduled the application for hearing on 22.06.2022 and stipulated that the CIRP outcome would depend on the outcome of I.A. 390/2022. The appellant's counsel stated that the next hearing date was 15.07.2022.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order regarding the Appellant's inclusion in the Committee of …

**Ratio:** The ratio is based on the principle that appellate courts should generally avoid

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**Reasoning:** The court reasoned that since the Adjudicating Authority had already scheduled a hearing

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**Interpretation:** This reflects the interpretation that appellate intervention should be reserved

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**Application:** In this specific case, the court applied the ratio by declining to entertain

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Hari Vitthal…
- **Respondents:** Suasth Health…; Ravi Se…

## Timeline

- **2022-05-25 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, passed an…
- **2022-06-22 — Application Hea…**: The Adjudicating Authority fixed the…

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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/hari-vitthal-mission-vs-ravi-sethia-resolution-professional-of-suasth-healthcare-7dd944ab