# In the matter of Anand Murti Vs. Soni Infratech Private Limited & Anr. Civil Appeal No.7534 of 2021

> SC judgment dated 2022-04-27. Citation: TCN-2022-SC-00053. The appeal challenges an order by the NCLAT, Principal Bench, New Delhi, dated November 22, 2021,…

- **Court:** SC
- **Order date:** 27 Apr 2022
- **Citation:** TCN-2022-SC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anand-murti-vs-soni-infratech-private-limited-anr-civil-appeal-no7534-of-2021-0f75aa31

## Summary

### Background

The appeal challenges an order by the NCLAT, Principal Bench, New Delhi, dated November 22, 2021, which rejected a modification application filed by the appellant. The NCLAT had directed the Interim Resolution Professional (IRP) to hold a meeting of the Committee of Creditors (CoC) and decide on a resolution for the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor. The appellant, the Suspended Director of the Corporate Debtor, had sought to settle the matter with Respondent No. 2, a flat booker, and claimed the project was near completion with arranged funds. The NCLAT had previously directed the appellant to file settlement terms, but later modified its interim order to allow the IRP to constitute the CoC, as the settlement was only with one

…

## Facts

Anand Murti, the appellant, challenged an order passed by the National Company Law Appellate Tribunal (NCLAT) regarding a Corporate Insolvency Resolution Process (CIRP) involving Soni Infratech Private Limited, the corporate debtor. The appellant, being the Suspended Director of the Corporate Debtor, sought to modify an order that rejected a settlement plan. A flat was booked in the housing project launched by the Corporate Debtor, and subsequently, the booking was cancelled, with a demand for a refund of Rs.32,27,591/-. An application under Section 7 of the Insolvency and Bankruptcy Code (IBC) was filed against the Corporate Debtor for initiating CIRP. The NCLT admitted the application and appointed an IRP. The appellant filed an appeal before the NCLAT, which

…

## Issues and analysis

### Issue 1: Whether the NCLAT was justified in rejecting the modification application and directing the …

**Ratio:** The principle is that the adjudicating authority should consider all relevant factors,

…

**Reasoning:** The Supreme Court reasoned that the NCLAT failed to consider the minutes of the

…

**Interpretation:** This issue involves the interpretation of the IBC and the powers of the

…

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

…

## Parties

- **Judges:** B.R. G…; L. Nageswa…
- **Appellants:** Anand M…
- **Respondents:** Soni Infratech…

## Timeline

- **2018-07-31 — Cancellation of Booking…**: Respondent No.2 cancelled the booking and demanded a refund of Rs.32,27,591/- from the…
- **2019-11-22 — NCLT Admits CIRP…**: The NCLT admitted the application under…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/anand-murti-vs-soni-infratech-private-limited-anr-civil-appeal-no7534-of-2021-0f75aa31