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National Company Law Appellate Tribunal

Sandeep Gupta vs Jm Financial Asset Reconstruction ... on 10 November, 2022

Author: Ashok Bhushan

Bench: Ashok Bhushan

            NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
                   PRINCIPAL BENCH, NEW DELHI
                    I.A. No. 4184 & 4185 of 2022
                                   IN
             Comp. App. (AT) (Ins) No. 1192 & 1193 of 2022

In the matter of:

Sandeep Gupta                                                     ....Appellant
Suspended Director
Asian Hotels (West) Limited
Vs.

JM Financial Asset Reconstruction Company Ltd. &         ...Respondents
Anr.
    For Appellant:    Mr. Dhruba Mukherjee, Sr. Advocate with Ms. Tulika
                      Mukherjee, Mr. Zain A. Khan, Ms. Aastha Shrestha,
                      Mr. Ritesh Sharma, Mr. Sidharth Aggarwal, Mr.
                      Harmanbir Sigh Sandhu, Advocates for Applicant.
    For Respondents:  Mr. Vimal Kirti Singh, Mr. Siddharth Garg, Ms.
                      Nandita Seth, Ms. Aashima Thukral, Advocates for R-
                      1.
                      Ms. Pooja Mahajan, Mr. Savar Mahajan, Ms. Shreya
                      Mahalwal, Advocates for R2.

                                   ORDER

10.11.2022: I.A. No. 4184 & 4185 of 2022:- This is an Application filed by 'Aria Hotels and Consultancy Services Pvt. Ltd.' which claims to be subsidiary of the Corporate Debtor. The grievance has been raised with regard to Agenda Item No.13 of the CoC meeting proposed to take place on 11.11.2022.

2. We are of the view that the issue which is sought to be raised cannot be entertained in this Appeal, at this stage. In event, the Applicant is aggrieved by any decision taken by the CoC, remedy is available under the I&B Code.

3. With these observations, we dispose of this Application.

[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) Anjali/nn