# In the matter of Mohit Arora, Suspended Director Of Revital Reality Pvt. Ltd. Vs Manish Aneja & Ors.

> NCLAT judgment dated 2024-07-02. Citation: TCN-2024-NCLAT-00349. The case is an appeal against an order passed on 12.06.2024. A related Civil Appeal No.7074…

- **Court:** NCLAT
- **Order date:** 2 Jul 2024
- **Citation:** TCN-2024-NCLAT-00349
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mohit-arora-suspended-director-of-revital-reality-pvt-ltd-vs-manish-aneja-ors-6167c720

## Summary

### Background

The case is an appeal against an order passed on 12.06.2024. A related Civil Appeal No.7074 of 2024 was filed, in which an order was passed on 25.06.2024, allowing the appellant to withdraw the appeal with the liberty to make a prayer for appropriate interim relief before the National Company Law Appellate Tribunal when the appeal is taken up on 2nd July, 2024. The appellant's counsel argues that the project is a real estate project with 15 towers and 1976 units, and the application under Section 7 was filed by 147 unitholders. They contend that there was no appropriate consideration regarding default by the Corporate Debtor and that no default within the meaning of IBC exists, so the application under Section 7 should not have been admitted.

## Facts

Mohit Arora, the Suspended Director of Revital Reality Pvt. Ltd., filed an appeal against Manish Aneja & Ors. The appeal concerns a real estate project with 15 towers and 1976 units. An application under Section 7 of the IBC was filed by 147 unitholders. The appellant withdrew a previous appeal (Civil Appeal No.7074 of 2024) with the liberty to seek interim relief. The appellant argues that there was no appropriate consideration of default by the Corporate Debtor under Section 7 of the IBC. The respondent's counsel states that they have already filed a reply. The CoC has already been constituted.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority appropriately considered the default on the part of the …

**Ratio:** The ratio is based on the interpretation and application of Section 7 of the IBC, which

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**Reasoning:** The court considered the submissions of the appellant's counsel, who argued that there

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**Interpretation:** Section 7 of the IBC requires the Adjudicating Authority to determine whether a

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**Application:** The appellant argued that the Adjudicating Authority did not properly assess

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Mohit A…
- **Respondents:** Revital Reality…; Manish…

## Timeline

- **2024-06-12 — Order Pa…**: An order was passed on this date,…
- **2024-06-25 — Order in Civil Appeal…**: An order was passed in Civil Appeal No.7074 of 2024, allowing the appellant to withdraw…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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