# In the matter of Sanjeev Goel vs. Uday Bhaskar Bhatt Erstwhile IRP of Nirmiti Stampings Pvt. Ltd.

> NCLAT judgment dated 2024-01-17. Citation: TCN-2024-NCLAT-00681. The case involves an appeal against an order dated 29.11.2023 passed in I.A. No. 1252 of 2023…

- **Court:** NCLAT
- **Order date:** 17 Jan 2024
- **Citation:** TCN-2024-NCLAT-00681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjeev-goel-vs-uday-bhaskar-bhatt-erstwhile-irp-of-nirmiti-stampings-pvt-ltd-a979ad34

## Summary

### Background

The case involves an appeal against an order dated 29.11.2023 passed in I.A. No. 1252 of 2023 and I.A. No. 4224 of 2023, where the Adjudicating Authority issued a contempt notice against the Appellant and other directors of the Corporate Debtor for non-compliance of an order dated 13.09.2023. The CIRP commenced on 01st December, 2022, and the Respondent No. 1 was appointed as IRP. A resolution was passed on 02.01.2023 for the replacement of the IRP. The Financial Creditor informed the IRP that the invoice sent regarding professional fees and other expenses had not been ratified by the CoC on 07th July, 2023. The Adjudicating Authority issued a show cause notice for violation of the order dated 01st December, 2022.

## Facts

The Company Appeal (AT) (Insolvency) No. 119 of 2024 was filed against an order dated 29.11.2023. The Adjudicating Authority issued a contempt notice against the Appellant and other directors of the Corporate Debtor for non-compliance of an order dated 13.09.2023. The CIRP commenced on 01st December, 2022, and the Respondent No. 1 was appointed as IRP. A resolution was passed on 02.01.2023 for the replacement of the IRP. The Financial Creditor informed the IRP that the invoice sent regarding professional fees and other expenses had not been ratified by the CoC on 07th July, 2023. The Appellant filed an affidavit on 28th November, 2023, which was uploaded on the same day. The Appellant had undertaken to clear the fees and expenses and was required to deposit Rs. 5 Lakh,

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in …

**Ratio:** The ends of justice must be served by setting aside the order and remitting the matter

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**Reasoning:** The Adjudicating Authority did not consider the affidavit filed by the Appellant on 28th

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**Interpretation:** The court interpreted that the Adjudicating Authority should have considered

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**Application:** The court applied the ratio by setting aside the order dated 29th November,

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Sanjeev…
- **Respondents:** Uday Bhaskar…

## Timeline

- **2022-12-01 — CIRP Commen…**: CIRP commenced on 01st…
- **2023-01-02 — Resolution for IRP…**: Resolution was passed on…

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