# In the matter of Shailen Shah Resolution Professional of Wind World (India) Ltd. & Ors. vs. Suraksha Asset Reconstructions Ltd. & Ors. IA No. 4236 of 2022 in Comp. App. (AT) (Ins) No. 1191,1197,1249 & 1362 of 2022

> NCLAT judgment dated 2023-04-18. Citation: TCN-2023-NCLAT-00604. The document pertains to multiple Company Appeal (AT) (Ins) cases before the National Company…

- **Court:** NCLAT
- **Order date:** 18 Apr 2023
- **Citation:** TCN-2023-NCLAT-00604
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shailen-shah-resolution-professional-of-wind-world-india-ltd-ors-vs-suraksha-ass-96871dd4

## Summary

### Background

The document pertains to multiple Company Appeal (AT) (Ins) cases before the National Company Law Appellate Tribunal (NCLAT). These appeals involve various parties, including resolution professionals, asset reconstruction companies, and corporate debtors related to Wind World (India) Ltd. Several Interlocutory Applications (IAs) have been filed within these appeals, primarily concerning impleadment of parties and condonation of delay. The cases involve disputes related to the approval of resolution plans and the rights of various stakeholders.

## Facts

Several Company Appeals (AT) (Insolvency) are being heard together, including Nos. 1191, 1197, 1249, and 1362 of 2022 and 2023. These appeals involve Shailen Shah Resolution Professional of Wind World (India) Ltd., Suraksha Asset Reconstructions Ltd., CoC of Wind World (India) Ltd., Jogihali Wind Energy Pvt. Ltd., and Yogesh Mehra. Various Interlocutory Applications (IAs) have been filed, including applications for impleadment and condonation of delay. The Adjudicating Authority had previously allowed an application for formal impleadment, but only for the limited purpose of giving audience to the applicant. Counsel for the appellants and applicants have made submissions regarding the impleadment of parties, filing of written submissions, and condonation of delay. The

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## Issues and analysis

### Issue 1: Whether the applications for …

**Ratio:** The court has the discretion to allow or reject applications for impleadment based on the

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**Reasoning:** The court allowed certain applications for impleadment for the limited purpose of giving

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**Interpretation:** The interpretation is that impleadment is a procedural matter subject to the

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**Application:** The court applied this principle by allowing impleadment for limited purposes

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…
- **Appellants:** Shailen Shah…
- **Respondents:** WIND WORLD…; Suraksha Asset…

## Timeline

- **2020-02-05 — Order Da…**: Order by Adjudicating Authority…
- **2023-03-03 — Order Da…**: Order stating written submission on behalf…

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