# In the matter of Shri Milind Rode Vs. 
Shri Nitin Om Kothari
Interim Resolution Professional/ Resolution
Professional M/s. Meta Arch Pvt. Ltd. & Anr. Comp. App. (AT) (Ins.) No. 497 of 2022

> NCLAT judgment dated 2022-05-05. Citation: TCN-2022-NCLAT-00503. The appeal was filed against the order dated 08.10.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 5 May 2022
- **Citation:** TCN-2022-NCLAT-00503
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shri-milind-rode-vs-shri-nitin-om-kothari-interim-resolution-professional-resolu-8a8f1dad

## Summary

### Background

The appeal was filed against the order dated 08.10.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-II, which vacated the interim order dated 10.11.2021. An application under Section 9 was admitted on 08.10.2021, and subsequently, an application under Section 12A was filed. An interim order was passed on 10.11.2021, directing the Resolution Professional not to constitute the Committee of Creditors (CoC) until further orders. A creditor filed an application when their claim was rejected by the IRP.

## Facts

An appeal was filed against an order by the Adjudicating Authority (NCLT) Mumbai, which vacated an interim order. An application under Section 9 of the IBC was admitted on 08.10.2021. Subsequently, an application under Section 12A was filed. The Adjudicating Authority passed an interim order on 10.11.2021, directing the Resolution Professional not to constitute the Committee of Creditors (CoC). A creditor's application was rejected by the IRP. The Adjudicating Authority had not passed any order on the Section 12A application. The interim order was vacated on 18.04.2022, with a direction to the IRP to perform his duties. The IRP's costs and expenses had not been paid.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in vacating the interim order dated 10.11.2021, …

**Ratio:** The principle is that when an application under Section 12A is pending, and the

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**Reasoning:** The court reasoned that since the Adjudicating Authority had not passed any order on the

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**Interpretation:** Section 12A provides a mechanism for withdrawal of an application admitted

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**Application:** In this case, the Adjudicating Authority vacated the interim order without

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## Parties

- **Judges:** Ashok Bh…; Shreesha…; +1 more
- **Appellants:** Milind…
- **Respondents:** Meta Arch Pvt.…; Nitin Om K…

## Timeline

- **2021-10-08 — Application under…**: The Adjudicating Authority admitted an…
- **2021-10-25 — Application under…**: An application under Section 12A was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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