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Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Yamuna Expressway Industrial ... vs Monitoring Committee Of Jaypee ... on 24 May, 2024

56. The above judgment was not a case where question of security interest by an operational creditor came for consideration. Present is a case where the appellant is claiming secured creditor of the corporate debtor in reference to additional farmers' compensation. We, thus, are of the view that the judgment of the "New Okhla Industrial Development Authority Versus Anand Sonbhadra" (supra) is not applicable in the facts of the present case. Adjudicating Authority failed to notice the provision of Section 13 and 13-A and considered of the claim of the appellant was only as operational creditor. Appellant being secured operational creditor, it is entitled for a different treatment in the resolution plan which is meted out to the other secured creditors.
National Company Law Appellate Tribunal Cites 44 - Cited by 0 - A Bhushan - Full Document

Shyam Kishan Saraf vs Atul Kumar Kansal Resolution ... on 31 July, 2024

"Mr. Shyam Kishan Saraf asked us to refer to the judgment of Hon'ble Supreme Court passed in Greater Noida Industrial Development Authority vs. Prabhjit Singh Soni (Civil Appeal Nos. 7590-7591 of 2023). It is difficult for us to comprehend, when reliance is placed on the judgment of Hon'ble Supreme Court, without espousing the legal proposition, which is sought to be supported by the judgment, that in what context, the party want us to read the judgement. Nevertheless, as we understand from the judgment, the ratio decidendi of the same is that this Tribunal can recall the order of approving the plan. Nevertheless, once the applicants have challenged our order before Hon'ble NCLAT, we are unable to appreciate that how we can re-examine the same for any purpose."
National Company Law Appellate Tribunal Cites 3 - Cited by 0 - A Bhushan - Full Document

Mrs. C. Valli Narayan vs C. Krishniah Chetty & Sons Private ... on 19 September, 2025

D. Appellant relies on the judgment of Hon'ble Supreme Court in Greater Noida Industrial Development Authority V. Prabhjit Singh Soni and Anr. (2024) 6 SCC 767 where it was held that an application for recall is maintainable if the party aggrieved is not served with the notice of proceedings in which the order under recall has been passed. The Court further held that a recall application is maintainable notwithstanding that an appeal lies before NCLAT.
National Company Law Appellate Tribunal Cites 66 - Cited by 0 - Full Document

Mrs. C. Valli Narayan vs C. Krishniah Chetty & Sons Private ... on 19 September, 2025

D. Appellant relies on the judgment of Hon'ble Supreme Court in Greater Noida Industrial Development Authority V. Prabhjit Singh Soni and Anr. (2024) 6 SCC 767 where it was held that an application for recall is maintainable if the party aggrieved is not served with the notice of proceedings in which the order under recall has been passed. The Court further held that a recall application is maintainable notwithstanding that an appeal lies before NCLAT.
National Company Law Appellate Tribunal Cites 66 - Cited by 0 - Full Document
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