# In the matter of Prashant Chandra Rath & Anr. vs. Surya Kanta Satapathy & Anr.

> NCLAT judgment dated 2024-11-13. Citation: TCN-2024-NCLAT-00728. The appeal was filed against an order dated 23.01.2024 passed by the NCLT, Cuttack Bench, in…

- **Court:** NCLAT
- **Order date:** 13 Nov 2024
- **Citation:** TCN-2024-NCLAT-00728
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/prashant-chandra-rath-anr-vs-surya-kanta-satapathy-anr-140a771f

## Summary

### Background

The appeal was filed against an order dated 23.01.2024 passed by the NCLT, Cuttack Bench, in IA No.262/CB/2023, where the appellant sought to declare the order passed in IA No.276/CB/2020 as nullity in law.

## Facts

The Appellant is the Suspended Director of the Corporate Debtor.

IA No.276/CB/2020 was filed by the Resolution Professional for avoidance of certain transactions.

The Adjudicating Authority allowed the application filed by the Resolution Professional and directed for refund of the amount.

Appeals against the Adjudicating Authority's order were previously dismissed by the Tribunal.

The Appellant filed IA No.262/CB/2023 seeking to declare the order in IA No.276/CB/2020 as nullity.

The Adjudicating Authority dismissed IA No.262/CB/2023, stating that the order in IA No.276/CB/2020 had merged with the appellate order.

Civil Appeal Diary No.36679/2022 was dismissed as withdrawn by the Hon'ble Supreme Court on 18.04.2023.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority …

**Ratio:** The Adjudicating Authority's decision to reject IA No.262/CB/2023 was based on the

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**Reasoning:** The Adjudicating Authority reasoned that once the order is confirmed in appeal, the

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**Interpretation:** This implies that once an order is appealed and the appellate authority

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**Application:** The Tribunal applied this principle to uphold the Adjudicating Authority's

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Prashant Chandra…
- **Respondents:** Surya Kanta…
- **Other parties:** Resolution…; Prashant Chandra…
- **Advocates:** Sumesh D…; Saswat Kumar…; +2 more

## Timeline

- **2024-01-23 — Order by NCLT, Cuttack…**: Order passed by the NCLT, Cuttack…
- **2020-N/A — Filing of IA No.276/CB/2…**: IA No.276/CB/2020 was filed by the Resolution Professional for avoidance of certain…

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