# In the matter of Suresh Narayan Singh Vs. Tayo Rolls CA (AT) (Insolvency) No.561-2019

> NCLAT judgment dated 18 Jul 2019. Citation: TCN-2019-NCLAT-00437. The present appeal arises from an order dated April 5, 2019, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 18 Jul 2019
- **Citation:** TCN-2019-NCLAT-00437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suresh-narayan-singh-vs-tayo-rolls-ca-cb14166b

## Summary

### Background

The present appeal arises from an order dated April 5, 2019, passed by the Adjudicating Authority (NCLT, Kolkata Bench), which admitted an application filed by Mr. Suresh Narayan Singh, the appellant, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). This admission initiated the Corporate Insolvency Resolution Process (CIRP) against Tayo Rolls Limited, the Corporate Debtor. The appellant, representing 284 workers of Tayo Rolls Limited, is challenging this very order of admission, despite having been the party who successfully sought the admission of the Section 9 application in previous proceedings.

## Facts

Mr. Suresh Narayan Singh, as the Authorized Representative of 284 workers of Tayo Rolls Limited (the 'Corporate Debtor'), filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench. This application sought the initiation of the Corporate Insolvency Resolution Process (CIRP) against Tayo Rolls Limited.

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## Issues and analysis

### Issue 1: Whether the appeal filed by Mr. Suresh Narayan Singh, challenging the admission of his own Section…

**Ratio:** An appellant who has successfully moved an application under Section 9 of the IBC and…

**Reasoning:** The court reasoned that the appellant, Mr. Suresh Narayan Singh, had previously filed an…

**Interpretation:** The court interpreted 'aggrieved person' under Section 61 of the IBC to mean a…

**Application:** Applying this interpretation, the court concluded that Mr. Suresh Narayan…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Advocates:** For Appel…; A.K. Shriv…; +8 more

## Timeline

- **December 22, 2017 — Section 10 application…**: Adjudicating Authority rejected the Section 10(1) application filed by Tayo Rolls Limited…
- **January 3, 2018 — Section 9 application…**: Adjudicating Authority rejected Mr. Suresh Narayan Singh's Section 9 application, stating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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