# In the matter of Noma Infrastructure Pvt. Ltd. vs.  Sushil Govindrao Uttarwar & Ors..

> NCLAT judgment dated 2024-02-26. Citation: TCN-2024-NCLAT-00618. The appeal concerns an impugned order dated 2024-01-12, which the appellant argues was passed…

- **Court:** NCLAT
- **Order date:** 26 Feb 2024
- **Citation:** TCN-2024-NCLAT-00618
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/noma-infrastructure-pvt-ltd-vs-sushil-govindrao-uttarwar-ors-af19fd5f

## Summary

### Background

The appeal concerns an impugned order dated 2024-01-12, which the appellant argues was passed without adhering to the procedure prescribed under Section 27 of the I&B Code, 2016. The appellant, a financial creditor holding approximately 50% of voting shares, is aggrieved that IA No.134/2024 was disposed of without notice to them. The previous Resolution Professional (RP) also submitted that they had moved an application under Section 19(2) and 19(3) of the IB Code for directions to the suspended Board of Directors of the Corporate Debtor to comply with the order and hand over possession, but were unable to do so due to the conduct of the suspended director.

## Facts

Noma Infrastructure Pvt Ltd, the appellant, is a financial creditor holding approximately 50% of the voting shares. The appellant is challenging an order dated 2024-01-12, alleging that it was passed without following the procedure prescribed under Section 27 of the I&B Code, 2016, regarding the replacement of a resolution professional. IA No.134/2024 was disposed of without notice to the appellant. The previous RP had filed an application under Section 19(2) and 19(3) of the IB Code seeking directions to the suspended Board of Directors of the Corporate Debtor to comply with the order and hand over possession, but was unable to do so due to the conduct of the suspended director. The allegations are rebutted by the learned counsel for R2, who submits that the

…

## Issues and analysis

### Issue 1: Whether the impugned order dated 2024-01-12 was passed in compliance with the procedure prescribed …

**Ratio:** Section 27 of the I&B Code outlines the procedure for replacing a resolution

…

**Reasoning:** The court stayed the order dated 2024-01-12, indicating a preliminary concern that the

…

**Interpretation:** Section 27 is interpreted as a mandatory provision that must be strictly

…

**Application:** The court's decision to stay the order implies that the appellant's argument,

…

## Parties

- **Judges:** Yogesh K…; Mr Ajai Das…
- **Appellants:** Noma Infrastructur…
- **Respondents:** Sushil Govindrao…

## Timeline

- **2024-01-12 — Impugned Ord…**: Date of the order being appealed, which…
- **2024-02-26 — Hearing…**: Hearing where the issue was raised by the appellant's counsel regarding the impugned…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

---

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/noma-infrastructure-pvt-ltd-vs-sushil-govindrao-uttarwar-ors-af19fd5f