# In the matter of Roma Enterpriss Vs. Martin S. K. Golla, R.P. CA (AT) (Insolvency) No. 232-2018

> NCLAT judgment dated 2019-02-22. Citation: TCN-2019-NCLAT-00765. The appellant, claiming to be an Operational Creditor, challenged an order dated April 2,…

- **Court:** NCLAT
- **Order date:** 22 Feb 2019
- **Citation:** TCN-2019-NCLAT-00765
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/roma-enterpriss-vs-martin-s-k-golla-rp-ca-7b4a49cc

## Summary

### Background

The appellant, claiming to be an Operational Creditor, challenged an order dated April 2, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai. The Adjudicating Authority did not entertain the appellant's application against the decision of the Resolution Professional, who had rejected the appellant's claim. The Resolution Professional suggested placing the matter before the Committee of Creditors.

## Facts

The appellant, M/s. Roma Enterprises, claimed to be an Operational Creditor. The Resolution Professional rejected the appellant's claim, leading to an appeal. The Adjudicating Authority did not entertain the application. The appellant was directed to file an additional affidavit regarding claims shown in the records of the Corporate Debtor. The respondent, Mr. Martin S.K. Golla, R.P., claimed the Corporate Debtor's records did not reflect the claim, liability, or assets. The case involved a disputed question of fact regarding whether certain goods belonged to the Corporate Debtor. The Appellate Tribunal considered whether the Resolution Professional or the Adjudicating Authority could decide this issue. The appellant did not appear for the hearing despite repeated

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## Issues and analysis

### Issue 1: Whether the Resolution Professional or the Adjudicating Authority can decide whether goods …

**Ratio:** The Resolution Professional cannot decide disputed questions of fact regarding ownership

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**Reasoning:** The Appellate Tribunal determined that there was a disputed question of fact that could

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**Interpretation:** The Resolution Professional's role is primarily to manage the insolvency

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**Application:** The court applied this principle to the specific facts, determining that the

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## Parties

- **Judges:** S.J. Mukhop…
- **Appellants:** M/s. Roma…
- **Respondents:** Martin S.K.…
- **Advocates:** Davesh B…

## Timeline

- **2018-04-02 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, passed…
- **2018-05-22 — Direction to File…**: The appellant was directed to file an additional affidavit stating whether claims were…

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