# In the matter of Saha Infratech Pvt. Ltd. IA-2732-2022 in (IB)-1781(ND)2018

> NCLT judgment dated 2022-06-10. Citation: TCN-2022-NCLT-02279. The case involves an application (IA-2732/2022) filed to implead the Resolution Applicant as a…

- **Court:** NCLT
- **Order date:** 10 Jun 2022
- **Citation:** TCN-2022-NCLT-02279
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/saha-infratech-pvt-ltd-ia-2732-2022-in-ib-1781nd2018-c381d26c

## Summary

### Background

The case involves an application (IA-2732/2022) filed to implead the Resolution Applicant as a Respondent in C.A. No. 1955 of 2022, which was filed by the Applicant Bank in C.P. NO. (IB)–1781 (ND)/2018. The Applicant, a dissenting secured creditor, raised objections against the approval of the Resolution Plan, arguing that the Resolution Applicant is a necessary party in the proceedings.

## Facts

Indu Kumar & Ors. filed an application against M/s. Saha Infratech Pvt. Ltd. under Section 7 of the IBC, 2016. The Applicant (dissenting secured creditor) filed IA-2732/2022 to implead the Resolution Applicant as a Respondent in C.A. No. 1955 of 2022. The Applicant objected to the approval of the Resolution Plan, arguing non-compliance with legal provisions. The CoC approved the Resolution Plan, but the Applicant, as a dissenting secured creditor, raised objections. The approval of the Resolution Plan is pending consideration before the Adjudicating Authority. The Applicant bank filed C.P. NO. (IB)–1781 (ND)/2018.

## Issues and analysis

### Issue 1: Whether the Resolution Applicant is a necessary party in the proceedings related to the approval of …

**Ratio:** The court has the discretion to determine the necessity of a party in a proceeding,

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**Reasoning:** The court reasoned that since the approval of the Resolution Plan is still pending

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**Interpretation:** The interpretation is that the necessity of a party is determined based on the

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**Application:** In this case, the court applied the ratio by considering that the Resolution

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## Parties

- **Judges:** SHRI. ABNI RANJAN…; SHRI. HEMANT…
- **Appellants:** Indu K…
- **Respondents:** M/s. Saha…

## Timeline

- **2018-01-01 — C.P. NO. (IB)–1781…**: Applicant Bank filed C.P.…
- **2022-01-01 — C.A. No. 1955 of 2022…**: Applicant Bank filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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