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Priya Puri And Ors vs Mr.Debashis Nanda (Resolution ... on 24 August, 2022

In the matter of Amit Goel Vs. Piyush Shelters India Private Ltd., the facts are clearly distinguishable, in that the Financial Creditors in class constituted more than 79% of total voting rights in the CoC and there was Company Appeal (AT)(Insolvency) No. 906 of 2022 14 an issue of unequal treatment meted out to two separate categories within financial creditors in class. Hence, the context being different, applying this ratio in the present matter does not appear to be in order.
National Company Law Appellate Tribunal Cites 3 - Cited by 0 - Full Document

Priya Puri And Ors vs Mr.Debashis Nanda (Resolution ... on 24 August, 2022

In the matter of Amit Goel Vs. Piyush Shelters India Private Ltd., the facts are clearly distinguishable, in that the Financial Creditors in class constituted more than 79% of total voting rights in the CoC and there was Company Appeal (AT)(Insolvency) No. 906 of 2022 14 an issue of unequal treatment meted out to two separate categories within financial creditors in class. Hence, the context being different, applying this ratio in the present matter does not appear to be in order.
National Company Law Appellate Tribunal Cites 3 - Cited by 0 - A Bhushan - Full Document

Excel Engineering Through Prop Nikhil ... vs Mr. Vivek Murlidhar Dabhade, ... on 16 November, 2022

9. The principle in 'Amit Goel' (Supra), is with respect to discrimination in the Resolution Plan between two classes of Creditors, who are similarly placed. In the instant case, we are of the earnest view that the Farmers who form the main backbone of the Sugar Industry cannot be said to be on an equal footing with respect to the Appellants specifically having regard to the fact that the 'Corporate Debtor' is an agriculturally dependent industry.
National Company Law Appellate Tribunal Cites 11 - Cited by 1 - Full Document

Sabari Realty Private Limited vs Sivana Realty Private Limited & Ors on 2 November, 2023

18. Learned counsel for the Appellant has placed reliance on judgment of this Tribunal in "Company Appeal (AT) (Ins.) No. 700 of 2021, Amit Goel vs. Piyush Shelters India Pvt. Ltd." to support his submission that there cannot be differentiation in treatment of homebuyers. In the case of Amit Goel Resolution Plan was approved which provided for allotment of unit to those homebuyers whose claim was filed within time and admitted and with regard to those homebuyers who did not file their claim within time were proposed to get 10% of their booked amount after verification. The Resolution Plan was challenged on various grounds. The ground to challenge the Resolution Plan has been noticed in Para 6 of the judgment, which is to the following effect:
National Company Law Appellate Tribunal Cites 11 - Cited by 0 - A Bhushan - Full Document
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