# In the matter of Malay Bhadra vs. CA Jasin Jose
RP/Monitoring Agent of Orma Marble Palace Private Limited

> NCLAT judgment dated 2024-11-08. Citation: TCN-2024-NCLAT-00107. The Appellant challenged the Impugned Order dated 23.12.2022 passed by the NCLT, Kochi Bench…

- **Court:** NCLAT
- **Order date:** 8 Nov 2024
- **Citation:** TCN-2024-NCLAT-00107
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/malay-bhadra-vs-ca-jasin-jose-rpmonitoring-agent-of-orma-marble-palace-private-l-96b3ed6f

## Summary

### Background

The Appellant challenged the Impugned Order dated 23.12.2022 passed by the NCLT, Kochi Bench in I.A. (IBC)/152(KOB)/2022 in IBA/41/KOB/2020, arising out of matters related to Orma Marble Palace Private Limited. The Impugned Order was related to the Adjudicating Authority's proceedings under Regulation 39(4) of IBBI Regulations and Section 31 of IBC 2016, which approved the Resolution Plan.

## Facts

Malay Bhadra, Deputy Commissioner of Income-tax, Corporate Circle - 2(1), Kochi, filed a Company Appeal challenging an order related to Orma Marble Palace Private Limited. The NCLT, Kochi Bench had passed an order approving a Resolution Plan under Regulation 39(4) of IBBI Regulations and Section 31 of IBC 2016. The Appellant's claim before the Resolution Professional had been rejected on 18.04.2022, and this rejection was not challenged. Dr. K. V. Tolins was the Successful Resolution Applicant of the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the Company Appeal is maintainable when the Appellant's claim before the Resolution …

**Ratio:** An Applicant/Claimant whose claim has been rejected and has not challenged the said

…

**Reasoning:** The court reasoned that the Appellant's failure to challenge the rejection of their claim

…

**Interpretation:** The interpretation is that once a claim is rejected and the rejection is not

…

**Application:** The ratio and reasoning were applied to the specific facts of the case, where

…

## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Malay B…
- **Respondents:** Orma Marble…; C.A. Jasi…

## Timeline

- **2022-12-23 — Impugned Ord…**: Date of the Impugned Order…
- **2022-04-18 — Rejection o…**: Date of the order rejecting the Appellant's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

---

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/malay-bhadra-vs-ca-jasin-jose-rpmonitoring-agent-of-orma-marble-palace-private-l-96b3ed6f