NATIONAL COMPANY LAW APPELLATE TRIBUNAL

AT CHENNAI
(APPELLATE JURISDICTION)
Comp App (AT)(CH)(Ins) No. 159/2021
(Under Section 61 of the Insolvency and Bankruptcy Code, 2016)
(Arising out of the Impugned Order dated 28.05.2021 in I.A. Nos.85 of
2021, 227 of 2020, 134 of 2020, 225 of 2020, 248 of 2020, 161 of 2020 in
CP (IB) No.51/BB/2018
passed by the ‘Adjudicating Authority’ (National Company Law
Tribunal, Bengaluru Bench, Bengaluru)

In the matter of:

Committee of Creditors of Associated Décor Limited
through Union Bank of India … Appellant
VS
Svamitva Land Marks & 4 ors ... Respondents

Present :

For Appellant : Mr. Gopal Jain, Senior Advocate for

Resolution Appellant

WITH

Comp App (AT)(CH)(Ins) No.160/2021

In the matter of:

Committee of Creditors of Associated Décor Limited
through Union Bank of India … Appellant
VS
State of Karnataka, Principal Secretary to Govt,
Department of Industries & Commerce & anr. ... Respondents
Present :

For Appellant : Mr. Gopal Jain, Senior Advocate for

Resolution Appellant
For Respondent : Mr. Satish Parasaran, Senior Advocate for R1

Comp App (AT)(CH)(Ins) No. 159, 160, 165, 170 to 173 of 2021 Page 1 of 5
 WITH

Comp App (AT)(CH)(Ins) No. 165/2021

In the matter of:

Mohammed Enterprises (Tanzania) Ltd … Appellant
VS
Alok Kailash Saxena & 6 others ... Respondents

Present :

For Appellant : Mr. Abhijeet Sinha, Senior Advocate

For Respondent : Mr. Satish Parasaran, Senior Advocate for R1

WITH
Comp App (AT)(CH)(Ins) No. 170/2021
In the matter of:
Alok Kailash Saksena … Appellant
VS
State of Karnataka by its Principal Secretary to
Govt. Dept .of Industries and Commerce ... Respondent
WITH
Comp App (AT)(CH)(Ins) No. 172/2021
In the matter of:
Alok Kailash Saksena … Appellant
VS
Associate Décor Ltd through RP Alok Kailash Saksena
& 9 Ors ... Respondent

Present :

For Appellant : Mr. Rajasekar Rao, Senior Advocate

For Respondent : Mr. P.H. Arvindh Pandian, Senior Advocate

for R6 to R8

Comp App (AT)(CH)(Ins) No. 159, 160, 165, 170 to 173 of 2021 Page 2 of 5
 WITH

Comp App (AT)(CH)(Ins) No. 173/2021

In the matter of:

Alok Kailash Saksena … Appellant
VS
Svamitva Landmarks & 2 Ors ... Respondents

Present :

For Appellant : Mr. Rajasekar Rao, Senior Advocate

ORDER
(VIRTUAL MODE)

14.06.2022 : Heard the Learned Senior Counsel Mr. Gopal Jain appearing

for the ‘Resolution Appellant’ in Company Appeal (AT)(CH)(INS)

159/2021 in full and for ‘Hearing’ him in Company Appeal (AT)(CH)(Ins)

No.160/2021 ‘List’ the matter under the caption for ‘Hearing’ on the next

date of ‘Hearing’.

This ‘Tribunal’ has heard Mr. Rajasekar Rao, the Learned Senior

Counsel appearing for the Appellant in Comp App (AT)(CH)(Ins)No.

172/2021 and in Comp App (AT)(CH)(Ins) No. 173/2021 in full. Heard the

arguments of Mr. P.H. Arvindh Pandian, the Learned Senior Counsel

appearing in Comp App (AT)(CH)(Ins) No. 172/2021 for Respondent

Nos.6 to 8. In respect of IA/304/2022 in Comp App (AT)(CH)(Ins)

Comp App (AT)(CH)(Ins) No. 159, 160, 165, 170 to 173 of 2021 Page 3 of 5
No.172/2021, Respondent Nos.6 to 8 have filed their ‘Counter’ / ‘Reply’ /

‘Response’. The ‘Counter’ / ‘Reply’ / ‘Response’ of the other Respondents

are yet to be filed and the same shall be filed by Tomorrow i.e., on 15.06.2022

before the ‘Office of the Registry’ through ‘E-filing’ as well as through ‘Hard

Copy’ and to serve a copy of the same to the other side.

It is open to the Learned Senior Counsels / Counsels appearing for the

respective parties in Company Appeal (AT)(CH)(INS) 159/2021, in

Company Appeal (AT)(CH)(Ins) No.160/2021, in Company Appeal

(AT)(CH)(Ins) No.165/2021, in Company Appeal (AT)(CH)(Ins)

No.170/2021, in Company Appeal (AT)(CH)(Ins) No.172/2021 and in

Company Appeal (AT)(CH)(Ins) No.173/2021 to file their ‘Additional /

Revised Notes of Submissions’ containing not more than ‘three to five pages’

before the ‘Office of the Registry’ and to serve a copy of the same to the

other side.

For continuation of arguments of other Learned Senior Counsels /

Counsels ‘List’ this matter on 15.06.2022 (tomorrow) under the caption for

‘Hearing’.

Comp App (AT)(CH)(Ins) No. 159, 160, 165, 170 to 173 of 2021 Page 4 of 5
 Comp App (AT)(CH)(Ins) No. 171/2021

In the matter of:

Alok Kailash Saksena … Appellant
VS
Asst Commissioner of Commercial Tax & anr ... Respondent

Present :

For Appellant : Mr. Rajasekar Rao, Senior Advocate

The Learned Senior Counsel Mr. Rajasekar Rao appearing for the

Appellant informs this ‘Tribunal’ that the instant Company Appeal

(AT)(CH)(Ins) No.171/2021 has become infructutous and hence he is not

pressing the said instant Company Appeal, any further.

Recording the said facts of the Learned Senior Counsel for the

Appellant, instant Company Appeal (AT)(CH)(Ins) No.171/2021 is

‘dismissed as infructuous’. The connected IA/351/2021 is ‘closed’.

[Justice M. Venugopal]
Member (Judicial)

[Mr. Kanthi Narahari]

Member (Technical)
ghk/tm

Comp App (AT)(CH)(Ins) No. 159, 160, 165, 170 to 173 of 2021 Page 5 of 5