# In the matter of Jet Airways (India) Limited Vs.  State Bank of India & Anr. CA(AT)(insolvency) No. 707-2019

> NCLAT judgment dated 21 Aug 2019. Citation: TCN-2019-NCLAT-00345. The Administrator of Jet Airways (India) Ltd. (Offshore Regional Hub) reported difficulties,…

- **Court:** NCLAT
- **Order date:** 21 Aug 2019
- **Citation:** TCN-2019-NCLAT-00345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jet-airways-india-limited-vs-state-bank-of-india-anr-ca-426944c1

## Summary

### Background

The Administrator of Jet Airways (India) Ltd. (Offshore Regional Hub) reported difficulties, including a lack of cooperation from the Committee of Creditors, despite the Resolution Professional's cooperation. This led to the NCLAT issuing directions to address these issues and facilitate a joint Corporate Insolvency Resolution Process.

## Facts

The Administrator for Jet Airways (India) Ltd. (Offshore Regional Hub) informed the National Company Law Appellate Tribunal (NCLAT) about significant difficulties encountered during the insolvency process. These problems were brought to the attention of the Resolution Professional, who is reportedly cooperating with the Corporate Debtor. However, the Administrator is not receiving the necessary cooperation from the Committee of Creditors.

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## Issues and analysis

### Issue 1: Whether the Committee of Creditors will cooperate with the Administrator of the Corporate Debtor…

**Ratio:** The Committee of Creditors must file an affidavit stating their intent to cooperate with…

**Reasoning:** The Administrator reported a lack of cooperation from the Committee of Creditors, which…

**Interpretation:** The NCLAT interprets the lack of cooperation as a significant impediment to the…

**Application:** The Committee of Creditors is directed to file an affidavit within one week,…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Advocates:** For Appel…; Sumant Bat…; +10 more

## Timeline

- **August 21, 2019 — Hearing and Ord…**: The NCLAT heard Mr. Sumant Batra, counsel for the Administrator of Jet Airways (India)…
- **September 4, 2019 — Next Hearin…**: The case is posted 'For Orders' on September 4, 2019, at 12:00 Noon, to be at the top of…

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