# In the matter of Pakhi Infra & Ors. vs. Jabalpur MSW Pvt. Ltd.

> NCLAT judgment dated 2024-11-22. Citation: TCN-2024-NCLAT-00067. The appeal was filed against the order dated 21.10.2024 on intervention petition no. 39 of…

- **Court:** NCLAT
- **Order date:** 22 Nov 2024
- **Citation:** TCN-2024-NCLAT-00067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pakhi-infra-ors-vs-jabalpur-msw-pvt-ltd-17e8f21e

## Summary

### Background

The appeal was filed against the order dated 21.10.2024 on intervention petition no. 39 of 2024. The appellant, an operational creditor, filed a claim in the CIRP of the corporate debtor for Rs.3.4 crores. The appellant's intervention application was disposed of by the Adjudicating Authority, which was not inclined to pass any direction regarding the resolution professional providing a copy of the resolution plan.

## Facts

Pakhi Infra & Ors., an operational creditor, filed a claim of Rs.3.4 crores in the Corporate Insolvency Resolution Process (CIRP) of Jabalpur MSW Pvt. Ltd. The operational creditor filed an intervention application seeking a copy of the resolution plan. The Adjudicating Authority disposed of the intervention application, declining to direct the Resolution Professional (RP) to provide the resolution plan. The resolution plan proposed only Rs.1 Lakh to be paid to the operational creditor. The operational creditor appealed the Adjudicating Authority's order, arguing they could not file a detailed objection to the resolution plan without seeing it. The RP and SRA opposed the appeal, stating the operational creditor could file objections to the resolution plan pending

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the appellant's prayer for a direction to …

**Ratio:** The court held that the resolution plan should not be disclosed until approved by the

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**Reasoning:** The court reasoned that no part of the resolution plan can be given to the applicant

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**Interpretation:** This interprets the process of CIRP as requiring confidentiality of the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Pakhi Infra…
- **Respondents:** Jabalpur MSW Pvt.…

## Timeline

- **2024-10-21 — Order Da…**: Order passed on intervention petition no.…
- **2024-11-22 — Hearing…**: Counsel for the…

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