# In the matter of Mordhwaj Singh & Ors. Vs. Nilesh Sharma, Resolution Professional of M/s Today Homes & Infrastructure Pvt. Ltd. & Ors. CA(AT)(Ins)No. 836 of 2020

> NCLAT judgment dated 2020-09-28. Citation: TCN-2020-NCLAT-00097. The case involves an appeal against an order of the Adjudicating Authority (National Company…

- **Court:** NCLAT
- **Order date:** 28 Sept 2020
- **Citation:** TCN-2020-NCLAT-00097
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mordhwaj-singh-ors-vs-nilesh-sharma-resolution-professional-of-ms-today-homes-in-073a2482

## Summary

### Background

The case involves an appeal against an order of the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court II, dated August 24, 2020. The Adjudicating Authority had issued a notice to the respondents and passed an ad-interim direction providing protection and assistance to the Resolution Professional. The appellant had approached the Adjudicating Authority for vacation of the interim direction.

## Facts

The Appellant filed an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court II, on August 24, 2020. The Adjudicating Authority had issued notice to the Respondents and passed an ad-interim direction to protect the Resolution Professional. The Appellant had also approached the Adjudicating Authority to vacate the interim direction. The counsel for the Appellant then offered to withdraw the appeal, which the court allowed, directing the Adjudicating Authority to expedite the disposal of the application.

## Issues and analysis

### Issue 1: Whether the instant appeal is maintainable given that the Appellant has already approached the …

**Ratio:** An appeal is generally not maintainable if the appellant is simultaneously seeking the

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**Reasoning:** The court reasoned that pursuing an appeal while simultaneously seeking the same relief

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**Interpretation:** This highlights the principle that parties should exhaust remedies at the

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**Application:** The court applied this principle to the specific facts, noting that the

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…
- **Appellants:** Mordhwaj…
- **Respondents:** Today Homes &…; Nilesh S…
- **Advocates:** Rajesh G…; P. Na…; +2 more

## Timeline

- **2020-08-24 — Impugned Ord…**: The Adjudicating Authority (National Company Law Tribunal) issued a notice to the…
- **2020-09-28 — Appeal He…**: The court heard the appeal and the counsel…

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