# In the matter of Yogesh Mehra Vs. Wind World (India) Ltd. Through its Resolution Professional Shailen Shah. CA(AT)(Insolvency) No. 873-2019

> NCLAT judgment dated 2019-08-28. Citation: TCN-2019-NCLAT-00332. The Appellant (Promoter) filed an appeal against the order dated August 8, 2019, passed by…

- **Court:** NCLAT
- **Order date:** 28 Aug 2019
- **Citation:** TCN-2019-NCLAT-00332
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/yogesh-mehra-vs-wind-world-59ae74e9

## Summary

### Background

The Appellant (Promoter) filed an appeal against the order dated August 8, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad. The order directed the ‘Resolution Professional' to provide a copy of all the ‘resolution plans' to all the eligible persons i.e. suspended Management and Operational Creditors etc., in view of the decision of the Hon'ble Supreme Court in ‘Vijay Kumar Jain vs. Standard Chartered Bank Ltd. & Ors.

## Facts

The Appellant (Promoter), Yogesh Mehra, filed an appeal against an order dated August 8, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench. The order directed the ‘Resolution Professional' to provide a copy of all the ‘resolution plans' to all the eligible persons i.e. suspended Management and Operational Creditors etc., in view of the decision of the Hon'ble Supreme Court in ‘Vijay Kumar Jain vs. Standard Chartered Bank Ltd. & Ors. The appeal was disposed of by the court, indicating that no further orders were required.

## Issues and analysis

### Issue 1: Whether the order dated 8th August, 2019 passed by the Adjudicating Authority (National Company Law …

**Ratio:** The ratio is based on the decision of the Hon'ble Supreme Court in ‘Vijay Kumar Jain vs.

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**Reasoning:** The court's reasoning is based on the decision of the Hon'ble Supreme Court in ‘Vijay

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**Interpretation:** The interpretation involves the review of the Adjudicating Authority's order in

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**Application:** The ratio and reasoning apply to the specific facts of the case, where the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Yogesh…
- **Respondents:** WIND WORLD…

## Timeline

- **2019-08-08 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad…
- **2019-08-28 — Appeal F…**: The Appellant (Promoter) preferred an appeal…

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