# In the matter of Green Gardens (P) Ltd. & Gemini Arts (P) Ltd.  MA-638-2018 In CP-709 & 710-IB-2018

> NCLT judgment dated 2018-11-29. Citation: TCN-2018-NCLT-00261. The document pertains to an order regarding MA/638/2018 in CP/709 & 710/IB/2018. The Resolution…

- **Court:** NCLT
- **Order date:** 29 Nov 2018
- **Citation:** TCN-2018-NCLT-00261
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/green-gardens-p-ltd-gemini-arts-p-ltd-ma-638-2018-in-cp-709-710-ib-2018-9fc05765

## Summary

### Background

The document pertains to an order regarding MA/638/2018 in CP/709 & 710/IB/2018. The Resolution Professional is proposed by nine Financial Creditors. Mr. Mathur Sabapathi Viswanathan is appointed as Authorised Representative on behalf of the nine Financial Creditors. The Authorised Representative shall exercise voting rights during the CoC meetings on behalf of the Home Buyers.

## Facts

The case involves an application MA/638/2018 in CP/709 & 710/IB/2018. Nine Financial Creditors proposed a Resolution Professional. Mr. Mathur Sabapathi Viswanathan was appointed as the Authorised Representative for these creditors. The Authorised Representative is responsible for exercising voting rights in CoC meetings on behalf of the Home Buyers. The Resolution Professional is instructed to facilitate the Authorised Representative's voting power. The petitioner is K. Bharathi and the respondents are Green Gardens (P) Ltd. & Gemini Artes (P) Ltd.

## Issues and analysis

### Issue 1: Whether Mr. Mathur Sabapathi Viswanathan should be appointed as the Authorised Representative for …

**Ratio:** The legal principle applied here is the authority of the court to appoint an Authorised

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**Reasoning:** The court reasoned that appointing an Authorised Representative would ensure that the

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**Interpretation:** The interpretation involves understanding the role and responsibilities of an

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**Application:** The court applied this principle by appointing Mr. Mathur Sabapathi Viswanathan

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## Parties

- **Judges:** Ch. Mohd Sharief…; S. VIJAYARA…
- **Appellants:** K. Bhar…
- **Respondents:** Green Gardens (P)…

## Timeline

- **2018-11-29 — Hearing…**: Hearing held at 10:30 AM…
- **2018-01-01 — Application…**: Application MA/638/2018…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 16(a) — Appointment and tenure of interim resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-16)

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