# In the matter of Dreamz Infra India Ltd. CP (IB) No. 84-BB-2019

> NCLT judgment dated 2021-03-08. Citation: TCN-2021-NCLT-02791. The case pertains to CP(IB) No. 84/BB/2019, involving M/s Pratap Chandra Pandhy & Ors as the…

- **Court:** NCLT
- **Order date:** 8 Mar 2021
- **Citation:** TCN-2021-NCLT-02791
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dreamz-infra-india-ltd-cp-ib-no-84-bb-2019-a03c5aa2

## Summary

### Background

The case pertains to CP(IB) No. 84/BB/2019, involving M/s Pratap Chandra Pandhy & Ors as the petitioner and M/s Dreamz Infra India Ltd as the respondent. The matter was initially considered under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, for initiating the Corporate Insolvency Resolution Process (CIRP). An appeal, C.A. (AT) (Ins) No.34 of 2020, was filed against the order dated 17.12.2019. The NCLAT set aside the impugned order dated 17.12.2019 and remitted the matter back to the Adjudicating Authority.

## Facts

M/s Pratap Chandra Pandhy & Ors filed CP(IB) No. 84/BB/2019 against M/s Dreamz Infra India Ltd under Section 7 of the IBC, 2016, seeking initiation of CIRP. The NCLAT, in C.A. (AT) (Ins) No.34 of 2020, set aside the Adjudicating Authority's order dated 17.12.2019. Mr. Hari T Devadiga is the Authorised Representative for the home buyers (financial creditors). The Adjudicating Authority was directed to forward the name of Mr. Konduru Prasanth Raju to the IBBI. Mr. Konduru Prasanth Raju was appointed as the new RP in place of Ashok Kriplani. The legality of actions taken by the previous RPs between 17.12.2019 and the present order was protected. The case was posted for a report from the RP on 09.04.2021. The order also addresses the handling of charges and fees

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## Issues and analysis

### Issue 1: Whether Mr. Hari T Devadiga should be treated as the Authorised Representative of the class of …

**Ratio:** Section 21 (6-A) (b) of the IBC allows for the recognition of an Authorised

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**Reasoning:** The court considered the need for representation of the home buyers and shop buyers who

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**Interpretation:** The court interpreted Section 21 (6-A) (b) of the IBC to allow for the

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**Application:** The court applied this provision by recognizing Mr. Hari T Devadiga as the

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s Pratap…
- **Respondents:** M/s Dreamz Infra…
- **Advocates:** Pratap Chandra…; Aruni P…; +3 more

## Timeline

- **2019-12-17 — Impugned…**: Order passed by the Adjudicating Authority in I.A.No.659 and 670 of 2019 in…
- **2020-01-01 — Appeal F…**: C.A. (AT) (Ins) No.34 of 2020 was preferred by Prakash Shankar Mishra and Ors against the…

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