SANJAY DAVE Vs. ANDHRA BANK LTD.

JUDGEMENT

(1.) The present appeals under Sec. 62 of the Insolvency and Bankruptcy Code, 2016 (for short, "the Code") call in question the correctness of the judgment dtd. 29/10/2024 passed by the National Company Law Appellate Tribunal New Delhi (for short, "the NCLAT") in Company Appeal (AT)(INS) Nos. 1128, 1131 and 1134 of 2024.

(2.) The Corporate Insolvency Resolution Process (CIRP) out of which the present appeals arise, concerns the Corporate- Debtor by the name M/s. Oracle Home Textiles Limited. The CIRP was admitted on 9/8/2018 and the Resolution Professional (RP) came to be appointed. On 6/2/2019 a Request For Resolution Plan (RFRP) was issued by the RP. With the permission of the National Company Law Tribunal (for short, "the NCLT"), the appellant submitted a Resolution Plan. The appellant was the Promotor/Director of M/s. Oracle Homes Textiles Limited. This entity had a certificate of MSME (Micro, Small, and Medium Enterprises). On 10/5/2021 the appellant was informed that the Resolution Plan submitted by him had been approved by the Committee of Creditors (CoC) with the voting majority of 99.90%.

(3.) It must be pointed out at this stage that at the time when the appellant's plan was submitted and was under consideration, certain third parties had moved the Adjudicating Authority as prospective resolution applicants (for short "PRA") seeking permission to file Resolution Plans for the Corporate-Debtor. Those applications were pending before the Adjudicating Authority.