# In the matter of Rajputana Properties Pvt Ltd Vs. Ultratech Cement Ltd & Ors. CA (AT) No. 188-2018

> NCLAT judgment dated 2018-05-04. Citation: TCN-2018-NCLAT-00304. The case originates from an appeal against an order passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 4 May 2018
- **Citation:** TCN-2018-NCLAT-00304
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajputana-properties-pvt-ltd-vs-ultratech-cement-ltd-ors-ca-625ca36d

## Summary

### Background

The case originates from an appeal against an order passed by the National Company Law Tribunal (NCLT), Kolkata Bench. A Caveat Petition was filed with errors in the provision of Section and 'cause title'. The appeal concerns a resolution plan approved by the Committee of Creditors and the Adjudicating Authority.

## Facts

Rajputana Properties Private Limited filed an appeal against Ultratech Cement Limited and Ors. The appeal arises from an order passed by the National Company Law Tribunal (NCLT), Kolkata Bench. A Caveat Petition was filed with errors. Notices were issued to the respondents, including Ultratech Cement Limited and Bank of Baroda (representing the Committee of Creditors). The appellant was directed to file a certified copy of the impugned order. The Committee of Creditors and the Adjudicating Authority are permitted to approve a resolution plan, subject to the appeal's decision. The appeal is scheduled for admission on 2018-05-22.

## Issues and analysis

### Issue 1: Whether the appeal against the order passed by the National Company Law Tribunal (NCLT), Kolkata …

**Ratio:** The maintainability of the appeal depends on the merits of the case and compliance with

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**Reasoning:** The court directed the appellant to file a certified copy of the impugned order and

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**Interpretation:** The court is assessing whether the appeal meets the legal standards for review

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**Application:** The appellant must demonstrate that the NCLT's order is legally flawed or

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** RAJPUTANA…
- **Respondents:** Binanni Industries…; ULTRATECH CEMENT…

## Timeline

- **2018-05-04 — Notice Acce…**: Mr. Mahesh Agarwal accepts notice on behalf of 1st Respondent No. 1- Ultratech Cement…
- **2018-05-07 — Filing of Do…**: Requisites along with process…

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