# In the matter of MAS Project Engineers Private Limited

> NCLT judgment dated 2024-04-08. Citation: TCN-2024-NCLT-01787. The case involves an application (IA-438/2024) filed by Mr. Anil Bhalla & Ors, who are the…

- **Court:** NCLT
- **Order date:** 8 Apr 2024
- **Citation:** TCN-2024-NCLT-01787
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mas-project-engineers-private-limited-5f820ba3

## Summary

### Background

The case involves an application (IA-438/2024) filed by Mr. Anil Bhalla & Ors, who are the Suspended Director and Unsecured Financial Creditor of the Corporate Debtor, M/s. MAS Project Engineers Private Limited, seeking the recall of an order dated 07.12.2023 passed by the Adjudicating Authority. The initial order replaced Mr. Ashok Kumar Juneja as the Liquidator with Mr. Rajeev Lochan. The applicant raised contentions regarding the procedure adopted by Mr. Ashok Kumar Juneja, the Erstwhile Liquidator, in calling the SCC meetings, alleging that he did not share the list of stakeholders and failed to determine the voting share of the members of the SCC.

## Facts

Mr. Anil Bhalla & Ors., being the Suspended Director and Unsecured Financial Creditor of M/s. MAS Project Engineers Private Limited, filed an application (IA-438/2024) seeking to recall the order dated 07.12.2023. The order dated 07.12.2023 replaced Mr. Ashok Kumar Juneja with Mr. Rajeev Lochan as the Liquidator. Mr. Ashok Kumar Juneja filed an affidavit stating his intention to settle in the USA, rendering him unable to continue as Liquidator. The Applicant alleged irregularities in the procedure adopted by Mr. Ashok Kumar Juneja in calling the SCC meetings, specifically regarding the sharing of the list of stakeholders and determining voting shares. The Stakeholder Consultation Committee, in its 11th meeting held on 12.09.2023, passed a resolution with 96.67%

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## Issues and analysis

### Issue 1: Whether the application seeking recall of the …

**Ratio:** An Adjudicating Authority

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**Reasoning:** The Adjudicating Authority stated that the Applicant was attempting to seek a review of

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**Interpretation:** The principle of law is that an adjudicating authority, such as the NCLT,

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**Application:** The court applied this principle to the facts by determining that the

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Anil Bh…
- **Respondents:** M/S. MAS PROJECT…; Ashok Kumar…

## Timeline

- **2023-04-05 — 10th SCC M…**: The Erstwhile Liquidator reconstituted…
- **2023-02-17 — Email Commun…**: Email sent to Employees and Operational Creditors of the Corporate Debtor requesting them…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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