# In the matter of RA PowerGen Engineers Pvt. Ltd. Vs. Commins Generator Technologies CA (AT)(Ins) No. 450-2019

> NCLAT judgment dated 2019-04-29. Citation: TCN-2019-NCLAT-00626. The case involves a Company Appeal (AT)(Ins) No. 450 of 2019 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-NCLAT-00626
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ra-powergen-engineers-pvt-ltd-vs-commins-generator-technologies-ca-6bcf5b3d

## Summary

### Background

The case involves a Company Appeal (AT)(Ins) No. 450 of 2019 before the National Company Law Appellate Tribunal (NCLAT). M/s. RA PowerGen Engineers Pvt. Ltd. filed an appeal against an order of 'admission' of application u/s 9, with M/s. Cummins Generator Technologies as the respondent. The appellant's ability to file the appeal was challenged based on a Supreme Court decision.

## Facts

M/s. RA PowerGen Engineers Pvt. Ltd. filed an appeal against an order admitting an application under Section 9. The appeal was filed before the National Company Law Appellate Tribunal (NCLAT). M/s. Cummins Generator Technologies is the respondent in the appeal. The court considered the Supreme Court's decision in 'Innoventive Industries Ltd. Vs. ICICI Bank' to determine if the appeal was maintainable. The appellant, M/s. RA PowerGen Engineers Pvt. Ltd., is also identified as the 'Corporate Debtor'. The court found the appeal not maintainable. The appellant was granted permission to file an application for substitution, replacing the appellant with a Shareholder/Director and transposing M/s. RA PowerGen Engineers Pvt. Ltd. through ‘Interim Resolution Professional' as

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## Issues and analysis

### Issue 1: Whether M/s. RA PowerGen Engineers Pvt. Ltd., as the Corporate Debtor, can maintain an appeal …

**Ratio:** The ratio is based on the Supreme Court's decision in 'Innoventive Industries Ltd. Vs.

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**Reasoning:** The court reasoned that based on the Supreme Court's decision in 'Innoventive Industries

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**Interpretation:** The interpretation hinges on understanding the scope and implications of the

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**Application:** The court applied the ratio from 'Innoventive Industries Ltd. Vs. ICICI Bank'

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Respondents:** M/s. RA PowerGen…; M/s. Cummins…

## Timeline

- **2019-04-29 — Order regarding appeal…**: The court determined that M/s. RA PowerGen Engineers Pvt. Ltd. could not file the appeal…
- **2019-05-10 — Deadline for filing…**: The court set a deadline of May 10th, 2019, for filing a petition for substitution,…

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