# 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-00098. 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-00098
- **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-11d14107

## 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, Mordhwaj Singh & Ors., filed an appeal against an order of the Adjudicating Authority (National Company Law Tribunal), New Delhi. The Adjudicating Authority had issued notice to the respondents, Nilesh Sharma, Resolution Professional of M/s Today Homes & Infrastructure Pvt. Ltd. & Ors., and passed an ad-interim direction providing protection and assistance to the Resolution Professional. The appellant had already approached the Adjudicating Authority seeking vacation of the interim direction. The appellant's counsel offered to withdraw the appeal, and the court allowed the withdrawal, 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 has already approached the

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**Reasoning:** The court reasoned that since the appellant had already approached the Adjudicating

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**Interpretation:** This legal issue concerns the principle of exhaustion of remedies and avoiding

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**Application:** In this specific case, the appellant's prior application to the Adjudicating

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…
- **Appellants:** Mordhwaj Singh &…
- **Respondents:** M/s Today Homes &…; Nilesh S…

## Timeline

- **2020-08-24 — Impugned…**: The Adjudicating Authority (National Company Law Tribunal), New Delhi, Court II, issued…
- **2020-09-28 — Appeal He…**: The court heard Mr. Rajesh Gautam, Advocate representing the Appellant. The appellant's…

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