# In the matter of State Bank of India VS Brijender Singh Deswal & Ors.

> NCLAT judgment dated 2019-04-23. Citation: TCN-2019-NCLAT-00643. The case involves an appeal regarding the payment of corporate insolvency resolution costs…

- **Court:** NCLAT
- **Order date:** 23 Apr 2019
- **Citation:** TCN-2019-NCLAT-00643
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-brijender-singh-deswal-ors-ab6d47f7

## Summary

### Background

The case involves an appeal regarding the payment of corporate insolvency resolution costs incurred by the Interim Resolution Professional/Operational Creditor. The Adjudicating Authority (National Company Law Tribunal) New Delhi Bench had passed an order regarding this matter. The appellant, State Bank of India, is a member of the Committee of Creditors (COC) with 70.17% voting rights. The COC had not reimbursed the RP/Operational Creditor, and SBI, a major constituent of the COC with 71.7% of the voting rights, was reluctant to share the initial CIR costs.

## Facts

State Bank of India (SBI), the Appellant, is a member of the Committee of Creditors (COC) holding 70.17% of the voting rights. A dispute arose regarding the payment of corporate insolvency resolution costs incurred by the Interim Resolution Professional (IRP)/Operational Creditor. The COC had not reimbursed the IRP/Operational Creditor. SBI, a major constituent of the COC with 71.7% of the voting rights, was reluctant to share the initial Corporate Insolvency Resolution (CIR) costs. The Adjudicating Authority (National Company Law Tribunal) New Delhi Bench passed an order regarding this matter. An order dated 6th February 2019 related to the extension of the Corporate Insolvency Resolution Process period. The Ex-Directors only provided old financial data of 2016 and

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## Issues and analysis

### Issue 1: Whether the appellate tribunal should interfere with the order of the Adjudicating Authority …

**Ratio:** The appellate tribunal should only interfere if there is a valid ground to do so,

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**Reasoning:** The appellate tribunal found no ground to interfere with the substantive part of the

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**Interpretation:** This indicates a deference to the Adjudicating Authority's decisions unless

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**Application:** In this case, the tribunal applied the principle by finding no reason to

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Brijender Singh…
- **Advocates:** Jitendra…; Nibruti…; +1 more

## Timeline

- **2019-04-23 — Order Regarding…**: The Appellant – ‘State Bank of India' is member of Committee of Creditors having 70.17%…
- **2019-02-20 — Impugned Ord…**: The appellate tribunal reviewed the…

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