# In the matter of Kashyap Mehta vs. Kabra Estate & Investment Consultants

> NCLAT judgment dated 2024-08-23. Citation: TCN-2024-NCLAT-00241. The appeal was filed against an order dated 2024-06-27 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 23 Aug 2024
- **Citation:** TCN-2024-NCLAT-00241
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kashyap-mehta-vs-kabra-estate-investment-consultants-a4fead96

## Summary

### Background

The appeal was filed against an order dated 2024-06-27 passed by the National Company Law Tribunal, Mumbai Bench, in I.A. No. 3142/2024 in C.P. (IB) No. 3169 (MB) 2019. The application was filed for amendment in I.A. 91/2021, and the amendment as prayed was allowed.

## Facts

Kashyap Mehta filed an appeal against an order passed by the National Company Law Tribunal (NCLT), Mumbai Bench. The order pertained to I.A. No. 3142/2024 in C.P. (IB) No. 3169 (MB) 2019, where an application for amendment in I.A. 91/2021 was allowed. The appellant argued that only the Resolution Professional (RP) is entitled to pursue applications under Sections 43, 45, 46, 66 & 67 of the relevant act, and the NCLT erred in allowing the amendment. The respondent argued that the issue was covered by a previous Tribunal decision in `Kapil Wadhawan’Vs. `Piramal Capital & Housing Finance Ltd. & Ors.' The Tribunal upheld the Adjudicating Authority's order and dismissed the appeal.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in allowing the amendment application filed in I.A. …

**Ratio:** The Tribunal's decision in `Kapil Wadhawan’Vs. `Piramal Capital & Housing Finance

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**Reasoning:** The Tribunal relied on its previous judgment in the Kapil Wadhawan case, which held that

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**Interpretation:** The interpretation of the law allows the Adjudicating Authority to permit the

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**Application:** In this case, the Adjudicating Authority allowed the amendment application, and

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Kashyap…
- **Respondents:** Kabra Estate &…

## Timeline

- **2024-06-27 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) passed an order…
- **2024-08-23 — Hearing…**: Counsel for the Appellant and…

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