LAWS(SC)-2021-9-48

K.N. RAJAKUMAR Vs. V. NAGARAJAN

Decided On September 15, 2021
K.N. Rajakumar Appellant
V/S
V. NAGARAJAN Respondents

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment and order.

(2.) The appellantD. Ramjee in Civil Appeal No.2901 of 2021, who is an exemployee of M/s Aruna Hotels Ltd. (hereinafter referred to as 'the Corporate Debtor') has approached this Court being aggrieved by the resolution passed in the 8th Committee of Creditors (hereinafter referred to as 'CoC') meeting dated 25.5.2021; the order passed by the National Company Law Tribunal, Chennai (hereinafter referred to as 'NCLT' or 'the Adjudicating Authority') dated 4.6.2021 thereby permitting withdrawal of Corporate Insolvency Resolution Process (hereinafter referred to as 'CIRP') in respect of the Corporate Debtor; and the order passed by the Adjudicating Authority/NCLT dated 6.7.2021 thereby closing the proceedings initiated by D. Ramjee.

(3.) Civil Appeal No. 1792 of 2021 is filed by K.N. Rajakumar, suspended Director of the Corporate Debtor (respondent No.1 in Civil Appeal No.2901 of 2021 filed by D. Ramjee) thereby challenging the order passed by the National Company Law Appellate Tribunal, Chennai Bench (hereinafter referred to as 'NCLAT') dated 30.4.2021 dismissing the appeal filed by K.N. Rajakumar challenging the order dated 22.4.2021 passed by NCLT vide which NCLT had directed the Resolution Professional (hereinafter referred to as 'RP') to convene a meeting of CoC consisting of the members who constituted CoC originally in the year 2017, soon after the order of admission of CIRP was passed by NCLT.