# In the matter of Ome Prakash Verma (Suspended Director of
Neesa Leisure Ltd.) Vs. Amit Jain (RP of Neesa Leisure Ltd.) & Ors. CA(AT)(Ins)Nos. 805 of 2020

> NCLAT judgment dated 2020-10-15. Citation: TCN-2020-NCLAT-00079. The case involves an appeal against an order assailed in ‘Company Appeal (AT) (Insolvency)…

- **Court:** NCLAT
- **Order date:** 15 Oct 2020
- **Citation:** TCN-2020-NCLAT-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ome-prakash-verma-suspended-director-of-neesa-leisure-ltd-vs-amit-jain-rp-of-nee-632c084f

## Summary

### Background

The case involves an appeal against an order assailed in ‘Company Appeal (AT) (Insolvency) No. 793 of 2020', which was previously disposed of by the Appellate Tribunal. The prior order dismissed an application under Section 60(5) of the 'I&B Code' but allowed the Appellant to raise objections regarding the fairness and transparency of the bidding process and adherence to statutory provisions. The Committee of Creditors had yet to examine the Resolution Plans and take a decision.

## Facts

Ome Prakash Verma, the suspended director of Neesa Leisure Ltd., is the Appellant. Amit Jain, the Resolution Professional (RP) of Neesa Leisure Ltd., and others are the Respondents. The case concerns an appeal against an order that was previously assailed in ‘Company Appeal (AT) (Insolvency) No. 793 of 2020'. The previous order dismissed an application under Section 60(5) of the 'I&B Code' but allowed the Appellant to raise objections regarding the fairness and transparency of the bidding process. The Committee of Creditors had opened and discussed two plans, including that of the Appellant, before the impugned orders were passed. The Appellant is an ex-director and may not be eligible to submit a resolution plan. The key facts revolve around the fairness and

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## Issues and analysis

### Issue 1: Whether the previous order in ‘Company Appeal (AT) (Insolvency) No. 793 of 2020' applies to the …

**Ratio:** The principle of applying a previous order to a similar situation is based on the

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**Reasoning:** The court reasoned that the order passed in ‘Company Appeal (AT) (Insolvency) No. 793 of

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**Interpretation:** This involves interpreting the scope and applicability of the previous order to

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**Application:** The court applied the previous order to the current case, indicating that the

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## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…; +1 more
- **Appellants:** Ome Prakash…
- **Respondents:** Neesa Leisu…; Amit…

## Timeline

- **2020-10-15 — Reply Fi…**: Reply filed by Respondent…
- **2020-09-14 — Previous…**: Order dated 14th September, 2020 dismissing the application under Section 60(5) of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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