2023 (3) TMI 243

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....is order shall dispose of I.A. No. 296 of 2023 filed in CA (AT) (Ins) No. 195 of 2019, by Bharatiya Kamgar Sena (Worker Union) for certain directions to the Liquidator. 2. In brief, Edelweiss Asset Reconstruction Company Ltd. (Financial Creditor) filed a petition bearing C.P. No. 292/I&B/NCLT/MAH/2017 under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') for the initiation of Corporate Insolvency Resolution Process (in short 'CIRP') against Bharati Defence and Infrastructure Ltd. (in short 'BDIL') (Corporate Debtor) before the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench). The said petition was admitted on 06.06.2017 and Dhinal Shah was appointed as the Interim Resolution Professional (in sh....

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....handra Kapoor & Vijay Kumar, erstwhile directors of the Company and CA (AT) (Ins) No. 165 of 2021 by PGI GMBH Playglobal International. All the three appeals i.e. CA (AT) (Ins) Nos. 140 of 2021, 165 of 2021 & 243 of 2021 were consolidated because these were filed against the common impugned order dated 18.12.2020 and were disposed of with certain directions vide order dated 08.12.2021. 8. It is pertinent to mention that Civil Appeal No. 1567 of 2022 'Prakash Chandra Kapoor & Anr. Vs. Vijay Kumar Iyer & Anr. was filed in the Apex Court against the order dated 08.12.2021 and Civil Appeal No. 1723 of 2022 'Bhartiya Kamgar Sena (Workmen Union) of BDIL Vs. Vijay Kumar Iyer (Liquidator) & Anr.' was also filed in the Apex Court against the orde....

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....lders' Committee, in terms of Regulation 31A of the Insolvency and Bankruptcy Code of India (Liquidation Process) Regulations, 2016. This is apart from the fact that we have already dismissed the other appeal against the very same order impugned, as filed by the erstwhile Directors of the Corporate Debtor (Being Civil Appeal No. 1567 of 2022 decided on 28.02.2022). The appeal is, therefore, dismissed while leaving it open for the appellant in taking recourse to appropriate proceedings in accordance with law." 10. Counsel for the Respondent has raised the question of maintainability of the present application, inter alia, on the ground that firstly, the Applicant has not come to this court with clean hands because it has....