# In the matter of M.K. Resely & Ors. vs. Union Bank of India & Ors.

> NCLAT judgment dated 2024-07-09. Citation: TCN-2024-NCLAT-00338. The Company Appeal (AT) (CH) (INS) No. 337 / 2022 was instituted before the NCLAT, Chennai,…

- **Court:** NCLAT
- **Order date:** 9 Jul 2024
- **Citation:** TCN-2024-NCLAT-00338
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mk-resely-ors-vs-union-bank-of-india-ors-c9714177

## Summary

### Background

The Company Appeal (AT) (CH) (INS) No. 337 / 2022 was instituted before the NCLAT, Chennai, challenging the Impugned Judgment of the NCLT, Kochi Bench dated 21.01.2022. The NCLT allowed the Liquidator to include certain lands owned by the Appellants and leased to the Corporate Debtor under Liquidation in the `Liquidation Estate'. The Appellants filed an appeal against this decision. The appeal was initially rejected by the NCLAT due to being filed beyond the prescribed time limit. The Appellants then appealed to the Supreme Court, which allowed the appeal and directed the NCLAT to hear the appeal on its merits.

## Facts

M.K. Resely and others (Appellants) challenged an order by the NCLT, Kochi Bench, which allowed the Liquidator to include certain lands owned by the Appellants and leased to the Corporate Debtor in the Liquidation Estate. The Appellants filed Company Appeal (AT) (CH) (INS) No. 337 / 2022 before the NCLAT. The NCLAT initially rejected the appeal due to a delay, but the Supreme Court directed the NCLAT to hear the appeal on its merits. The Appellants were heard during the NCLT proceedings but were not formally parties. The Appellants also filed a Writ Petition before the High Court of Kerala seeking an Interim Order, which they did not disclose to the NCLAT. The NCLT order under challenge was dated 21.01.2022. The Appellants had also filed a Writ Petition No. 30146 /

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## Issues and analysis

### Issue 1: Whether the Appellants, who were heard by the Tribunal but not formally parties to the proceedings, …

**Ratio:** The term 'Aggrieved Person' under Section 61(1) of the I&B Code, 2016, refers to

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**Reasoning:** The NCLAT reasoned that the interpretation of 'Aggrieved Person' cannot be stretched to

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**Interpretation:** Section 61 of the I&B Code grants appellate jurisdiction to 'Aggrieved

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**Application:** The NCLAT applied this ratio to the facts by noting that the Appellants were

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** M.K. Re…
- **Respondents:** Raihan Healthcare…; Union Bank of…

## Timeline

- **2022-01-21 — Impugned Order by NCLT,…**: NCLT, Kochi Bench passed an order in MA / 76 / KOB / 2020 in IBA / 240 / KOB / 2019…
- **2022-07-14 — Company Appea…**: The Appellants filed Company Appeal (AT) (CH) (INS) No. 337 / 2022 before the NCLAT,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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