# In the matter of Deepak Bhandari vs. Vivek Kumar Arora & Ors. Civil Appeal No. 1788-2021

> SC judgment dated 2021-12-17. Citation: TCN-2021-SC-00002. The appeal was filed against the order passed by the National Company Law Appellate Tribunal…

- **Court:** SC
- **Order date:** 17 Dec 2021
- **Citation:** TCN-2021-SC-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/deepak-bhandari-vs-vivek-kumar-arora-ors-civil-appeal-no-1788-2021-1866d880

## Summary

### Background

The appeal was filed against the order passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed the appellant's appeal against the order passed by the National Company Law Tribunal (NCLT). The NCLT had affirmed the rejection of the expression of interest by the Resolution Professional.

## Facts

The appellant filed an appeal against the order of the NCLAT, which had dismissed the appellant's appeal against the NCLT's order. The NCLT had affirmed the rejection of the expression of interest by the Resolution Professional. The expression of interest was found unacceptable on two grounds. First, it was found to be in violation of Section 29A(a) of the Insolvency and Bankruptcy Code, 2016. Second, the attempt to seek shelter under Section 240A, claiming the Corporate Debtor was a MSME, was not favored. The Supreme Court heard the appellant's counsel and dismissed the appeal, agreeing that the expression of interest attracted Section 29A(a).

## Issues and analysis

### Issue 1: Whether the expression of interest given by the appellant attracts the prohibition indicated in …

**Ratio:** Section 29A(a) of the Insolvency and Bankruptcy Code, 2016 prohibits certain individuals

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**Reasoning:** The court was convinced that the expression of interest given by the appellant would

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**Interpretation:** Section 29A(a) aims to prevent individuals or entities with a conflict of

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**Application:** The court applied the principle of Section 29A(a) to the appellant's expression

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## Parties

- **Judges:** K.M. Jo…; PAMIDIGHANTAM SRI…
- **Appellants:** Deepak Bh…
- **Respondents:** VIVEK KUMAR ARORA…

## Timeline

- **2021-12-17 — Order Da…**: The Supreme Court…

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