AJAY GUPTA Vs. PRAMOD KUMAR SHARMA

JUDGEMENT

(1.) Having heard learned senior counsel for the appellant at sufficient length and having perused the material placed on record, we do not feel persuaded to entertain this appeal under Sec. 62 of Insolvency and Bankruptcy Code, 2016 (Hereinafter also referred to as "the Code') by one of the resolution applicants [A consortium led by the appellant (comprising of a private limited company and the appellant himself) has been the resolution applicant] in the corporate insolvency resolution process ('CIRP', for short) concerning the corporate debtor-B.B. Foods Pvt. Ltd.

(2.) The appellant seeks to question the judgment and order dtd. 13/1/2022 as passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (Hereinafter also referred to as 'the NCLAT' or 'the Appellate Tribunal') in Company Appeal (AT) Insolvency No. 35 of 2022 whereby, the Appellate Tribunal declined to interfere in the order dtd. 13/12/2021 passed in I.A. No. 367 of 2021 in CP No.(IB)349/ALD/2018 by the National Company Law Tribunal, Allahabad Bench, Allahabad (Hereinafter also referred to as 'the NCLT' or 'the Adjudicating Authority') by which, the Tribunal granted the prayer of the appellant to amend his resolution plan dtd. 22/10/2021 but, at the same time, also allowed the other resolution applicant to place any modification in their resolution plan before the Committee of Creditors ('CoC', for short).

(3.) Shorn of unnecessary details, the relevant background aspects for the present purpose are that as regards the CIRP in question, there had been two resolution applicants, the consortium led by appellant being one of them. It appears that there had been deliberations in the CoC over the resolution plans submitted by the appellant and other resolution applicant; and in the minutes of eighth meeting dtd. 2/11/2021, the CoC indicated its deliberations/observations concerning the two resolution plans in the following terms: