# In the matter of Rajendra B. Mehta & Ors.
Vs.
Vijendra Kumar Jain & Anr. Comp. App. (AT) (Ins.) No. 790 of 2022

> NCLAT judgment dated 2022-07-27. Citation: TCN-2022-NCLAT-00321. The appeal was filed against the order dated 16.07.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 27 Jul 2022
- **Citation:** TCN-2022-NCLAT-00321
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajendra-b-mehta-ors-vs-vijendra-kumar-jain-anr-comp-app-5056d8c9

## Summary

### Background

The appeal was filed against the order dated 16.07.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which approved the Resolution Plan with the approval of the Committee of Creditors' (CoC) meeting held on 28.08.2019 with 100% majority. Another Operational Creditor- Department of Sales Tax had filed Company Appeal (AT) (Ins.) No. 972 of 2021 against the same order dated 16.07.2021, which was already dismissed by the Tribunal vide its judgment dated 30.11.2021.

## Facts

The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, passed an order on 16.07.2021 approving a Resolution Plan that had been approved by the Committee of Creditors (CoC) in a meeting held on 28.08.2019 with 100% majority. The appellant, an Operational Creditor, filed an appeal against this order, claiming that they were only granted 1.07% of the admitted claim, which they considered inequitable. Previously, another Operational Creditor, the Department of Sales Tax, had filed Company Appeal (AT) (Ins.) No. 972 of 2021 against the same order, which was dismissed by the Tribunal on 30.11.2021. The delay in re-filing the current appeal was condoned.

## Issues and analysis

### Issue 1: Whether the Operational Creditor's claim of being granted only 1.07% of the admitted claim is a …

**Ratio:** The ratio is based on the principle that if a similar appeal has already been dismissed,

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**Reasoning:** The court reasoned that since a previous appeal against the same order had already been

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**Interpretation:** The interpretation is that the court is disinclined to re-litigate issues that

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**Application:** The court applied this principle by noting that the earlier dismissal of a

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Rajendra B. Mehta…
- **Respondents:** Vijendra Kumar…

## Timeline

- **2019-08-28 — CoC Meet…**: Committee of Creditors' (CoC)…
- **2021-07-16 — Order by Adjudicating…**: Order passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench,…

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