# In the matter of Shri Dutt India Pvt. Ltd. vs. Ashok Kumar Golecha & Ors.

> NCLAT judgment dated 2025-07-15. Citation: TCN-2025-NCLAT-00307. The appeals were filed against an order dated 26.11.2024 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 15 Jul 2025
- **Citation:** TCN-2025-NCLAT-00307
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shri-dutt-india-pvt-ltd-vs-ashok-kumar-golecha-ors-93e3fb25

## Summary

### Background

The appeals were filed against an order dated 26.11.2024 passed by the National Company Law Tribunal, Mumbai Bench, concerning the liquidation proceedings of M/s Spark Green Energy (Satara) Ltd. The appellant emerged as a Successful Auction Purchaser in an e-auction held on 16.10.2023.

## Facts

Shri Dutt India Pvt. Ltd. filed appeals against Ashok Kumar Golecha, Liquidator of Spark Green Energy Satara Ltd.

The appeals were filed against the same order dated 26.11.2024 passed by the National Company Law Tribunal, Mumbai Bench.

The appellant emerged as a Successful Auction Purchaser in e-auction held 16.10.2023 for which reserve price was Rs.14.50 crores.

The appellant paid the entire amount and sale certificate was issued on 25.01.2024.

The liquidator filed IA No. 1626 of 2024 and IA No. 3067 of 2024 praying for grant of relief and concession.

The Adjudicating Authority heard both the applications and disposed of them by granting various reliefs and concessions.

## Issues and analysis

### Issue 1: Whether claims existing on the date of sale by the liquidator and not filed can survive after the …

**Ratio:** Claims existing on the date of sale by the liquidator and not filed cannot survive after

…

**Reasoning:** The tribunal considered the submissions of the counsel for the appellant and the IBBI

…

**Interpretation:** The Adjudicating Authority's observation was modified to the extent that claims

…

**Application:** The appeals were disposed of accordingly, modifying paragraph 28.10 of the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Dutt India Pvt.…
- **Respondents:** Spark Green…; Ashok Kumar…; +1 more
- **Advocates:** Aakashi…; Rohit G…; +2 more

## Timeline

- **2023-10-16 — E-auctio…**: E-auction held where the appellant…
- **2024-01-25 — Sale Certi…**: Sale certificate was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 53 — Distribution of assets](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-53)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/shri-dutt-india-pvt-ltd-vs-ashok-kumar-golecha-ors-93e3fb25