TATA STEEL LTD Vs. RAJ KUMAR BANERJEE

JUDGEMENT

(1.) This appeal is filed against the order dtd. 14/12/2022 passed by the National Company Law Appellate Tribunal(For short, "NCLAT"). By the said order, the NCLAT has allowed interlocutory application bearing No. 1667 of 2022 filed by Respondent No. 1 seeking condonation of delay in filing the appeal bearing no. C.A. (AT) (Insolvency) No. 615 of 2022.

(2.) The appellant is the successful resolution applicant for Rohit Ferro-Tech Limited (Corporate Debtor) having its resolution plan approved by the Committee of Creditors and subsequently by the National Company Law Tribunal(For short, "NCLT") Kolkata, by order dtd. 7/4/2022 in CP(IB)/1214(KB)/2018. Respondent No.1 is an erstwhile minority shareholder of the Corporate Debtor.

(3.) Respondent No.1 preferred an appeal under Sec. 61 of the Insolvency and Bankruptcy Code, 2016 (For short, "IBC") to set aside the order dtd. 7/4/2022 passed by the Adjudicating Authority and direct the Resolution Professional to scrutinise the resolution plan proposed by the appellant in accordance with Sec. 30(2) IBC. Along with the appeal, he also filed an interlocutory application bearing No. 1667 of 2022 praying for condonation of delay of 15 days in filing the same. By the order impugned herein, the NCLAT condoned the delay and allowed the said application. Aggrieved by the same, the appellant is before us with the present appeal.