# In the matter of Upendra Singh Constructions Pvt. Ltd. Consortium Partner of the Successful Resolution Applicant, EDCL-UPSC Consortium vs. The Monitoring Committee of Tantia Constructions & Ors. Company Appeal (AT) Insolvency No. 745 of 2023

> NCLAT judgment dated 2023-06-01. Citation: TCN-2023-NCLAT-00810. The appeal was filed against an order dated 01st May, 2023, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 1 Jun 2023
- **Citation:** TCN-2023-NCLAT-00810
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/upendra-singh-constructions-pvt-ltd-consortium-partner-of-the-successful-resolut-479f2267

## Summary

### Background

The appeal was filed against an order dated 01st May, 2023, passed by the Adjudicating Authority on an application preferred by the Monitoring Committee. The Appellant is a member of the consortium of the Successful Resolution Applicant and is aggrieved by the said order.

## Facts

The appeal was filed against an order dated 01st May, 2023, passed by the Adjudicating Authority.

The Appellant is a member of the consortium of the Successful Resolution Applicant.

The Appellant claims that the Adjudicating Authority incorrectly recorded that all counsels agreed in unison to dispose of the application.

The Appellant argues that the directions in paragraph 12 of the order are unclear and may be misinterpreted.

The Monitoring Committee contends that the Successful Resolution Applicant has made the entire payment as per the Resolution Plan.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's observation regarding the consent of all counsels was …

**Ratio:** The Appellate Tribunal did not find it necessary to delve into the issue of whether the

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**Reasoning:** The Tribunal reasoned that the Appellant could

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**Interpretation:** The Tribunal interpreted that the Appellant's concerns regarding the recording

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**Application:** The Tribunal applied this reasoning to dismiss the appeal, stating that the

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## Parties

- **Judges:** Ashok Bh…; Naresh Sa…
- **Appellants:** Upendra Singh…
- **Respondents:** The Monitoring…
- **Other parties:** The Monitoring…
- **Advocates:** Gopal…; Pooja M.…; +12 more

## Timeline

- **2023-05-01 — Order Da…**: Order passed by the Adjudicating…
- **2023-03-22 — Monitoring Committee…**: Monitoring Committee meeting…

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