# In the matter of T.R. Jawahar & anr. Vs. Edelweiss Asset & anr. CA (AT) (Insolvency) No. 274-2017

> NCLAT judgment dated 2017-11-20. Citation: TCN-2017-NCLAT-00056. The appeal was filed by T.R. Jawahar, a Shareholder/Director of Frontline Printers Private…

- **Court:** NCLAT
- **Order date:** 20 Nov 2017
- **Citation:** TCN-2017-NCLAT-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tr-jawahar-anr-vs-edelweiss-asset-anr-ca-1a15af73

## Summary

### Background

The appeal was filed by T.R. Jawahar, a Shareholder/Director of Frontline Printers Private Limited (Corporate Debtor), against an order dated November 2, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Chennai. The order admitted an application preferred by the respondent (Edelweiss Asset Reconstruction Company Limited) as a Financial Creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016, initiated moratorium, and appointed an Interim Resolution Professional (IRP).

## Facts

T.R. Jawahar, Shareholder/Director of Frontline Printers Private Limited (Corporate Debtor), filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Chennai, which admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, filed by Edelweiss Asset Reconstruction Company Limited. The Adjudicating Authority's order also initiated a moratorium and appointed an Interim Resolution Professional (IRP). The appellant argued that the respondent filed the application as a 'Trustee' and not as a 'Financial Creditor'. The respondent's date of incorporation as a financial creditor was shown as 5th October, 2007. The respondent is a company registered under the Companies Act, 1956.

## Issues and analysis

### Issue 1: Whether the respondent, Edelweiss Asset Reconstruction Company Limited, filed the application under …

**Ratio:** A company registered under the Companies Act, 1956, can be considered a 'Financial

…

**Reasoning:** The court found that the respondent was registered under the Companies Act, 1956, and

…

**Interpretation:** The court interpreted the provisions of the I&B Code and the Companies Act,

…

**Application:** The court applied the ratio to the facts of the case, noting that the

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** T.R. Ja…
- **Respondents:** Frontline…; Edelweiss…

## Timeline

- **2017-11-02 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chennai, passed an order…
- **2017-11-20 — Appeal F…**: T.R. Jawahar, Shareholder/Director of Frontline Printers Private Limited (Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

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/tr-jawahar-anr-vs-edelweiss-asset-anr-ca-1a15af73