National Company Law Appellate Tribunal
Vivek Raheja vs Pramod Kumar Sharma on 12 July, 2023
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,
NEW DELHI
Company Appeal (AT) (Insolvency) No. 810 of 2023 &
I.A. No. 2731 of 2023
IN THE MATTER OF:
Vivek Raheja ...Appellant
Versus
Pramod Kumar Sharma, Resolution Professional ...Respondent
Present:
For Appellant: Mr. Shivam Gautam, Mr. Karan Gandhi, Advocates
For Respondent: Mr. Mohak Sharma, Mr. A. Anand, Mr. Sajal Jain,
Mr. Supriyo Banerjee, Advocates
ORDER
12.07.2023: This appeal has been filed against the order dated 21.04.2023 passed in I.A. No. 897/2019 filed by the Authorised Representative, (the Appellant). The Adjudicating Authority observed that authorised representative is entitled to proceed with the matter in accordance with law if they have any grievance with the RP.
2. Learned Counsel for RP submits that as per the Regulations, the request by AR should contain consent of 33% of the allottees as on date to enable the RP to convene the meeting of the CoC and to consider in the meeting the agenda.
3. Learned Counsel for the Appellant submits that Appellant shall make appropriate request to the RP with the requisite majority as required by Regulation in view of the Regulations 18 of the CIRP Regulations 2016. The Adjudicating Authority had already granted such liberty through the authorised agency like CDSL or NSDL.
Company Appeal (AT) (Insolvency) No. 810 of 2023 & I.A. No. 2731 of 2023 1
4. We, thus, are of the view that there is no ground to interfere with the order impugned.
With the above observations, the Appeal is disposed of.
[Justice Ashok Bhushan] Chairperson [Mr. Barun Mitra] Member (Technical) ss/nn Company Appeal (AT) (Insolvency) No. 810 of 2023 & I.A. No. 2731 of 2023 2