JUDGEMENT
HIMA KOHLI, J. -
(1.)A. BACKDROP : The appellant - V.S. Palanivel (shareholder/former Managing Director of M/s Sri Lakshmi Hotel Private Limited) has filed the present appeals against the judgment and order dtd. 16/9/2022, passed by the National Company Law Appellate
Tribunal, Chennai Bench [In short 'Tribunal'] in three Company Appeals [Company Appeal (AT) (CH) (Ins} No. 336 of 2021; Company Appeal (AT) (CH) (Ins) No. 339 of 2021 and Company Appeal (AT) (CH) (Ins) No. 343 of 2022] preferred by him. The details of the
said Company Appeals are (i) Company Appeal No. 336 of 2021 (subject matter of Civil
Appeal No. 9059 of 2022) filed against the common judgment dtd. 17/11/2021
passed by the National Company Law Tribunal, Chennai Bench [In short 'Adjudicating Authority'] rejecting an application [MA No. 120 of 2020]
moved by the appellant praying inter alia that directions be issued to the Liquidator, Sri
Lakshmi Hotel Private Limited to stall all proceedings in respect of the e-auction conducted
by him on 23/12/2019, to work on an alternative manner of dividing the property
put to auction and sell only a part of the land and for grant of sufficient time to make
payment to the financial creditor. (ii) Company Appeal No. 339 of 2021 (subject matter of
Civil Appeal No. 9060 of 2022) arose from the common order dtd. 17/11/2021
passed by the Adjudicating Authority on an Interim Application [IA SR No. 944 of 2020 on 25/9/2020] seeking recall of its order
dtd. 5/5/2020 passed on an application [IA 335 of 2020 in MA/689/2019 in CP/1140/IB/2018] filed by the appellant. (iii) Company Appeal
No. 343 of 2021 (subject matter of Civil Appeal No. 9061 of 2022) filed by the appellant
on 27/10/2021 under Sec. 61 of the Insolvency and Bankruptcy Code, 2016 [In short 'IBC']
against order dtd. 5/5/2020 passed by the Adjudicating Authority allowing an
application moved by the successful bidder, M/s KMC Speciality Hospitals (India) Limited [In short 'Auction Purchaser']
for extension of time to deposit the balance sale consideration after the Central/State
lockdown was lifted. All the aforesaid appeals were dismissed by the Tribunal under the
impugned judgment and order dtd. 16/9/2022.
(2.)It may be noted at the outset that Civil Appeal No. 9059 of 2022 does not survive inasmuch as the auction proceedings have already been concluded and upon the Auction
Purchaser depositing the sale amount, the Liquidator has executed a Sale Deed in its
favour. Therefore, the scope of the present judgment is confined to Civil Appeals No. 9060
and 9061 of 2022.
B. SEQUENCE OF EVENTS
(3.)The facts of the case lie in a narrow compass. Sri Lakshmi Hotels Private Limited [In short 'company/Corporate Debtor'], a family held concern having four shareholders namely, the appellant herein, his wife, his
son and his daughter-in-law purchased an immovable property [situated at Old No. 3A, New No. 27, Alexandria Road, Cantonment, Tiruchirappalli-620001] at Tiruchirappalli measuring 67,533 sq. ft. The company started running a hotel and a bar from the said
premises. In the year 2006, the company took a loan from a financial creditor to the tune
of Rs.1,57,25,000.00 (Rupees One crore fifty seven lakh twenty five thousand only). When
disputes arose between the company and the financial creditor, the latter invoked the
arbitration clause governing the parties. The Arbitral Tribunal passed an award on 27/12/2014, for a sum of Rs.2,21,08,244.00 (Rupees Two crore twenty one lakh eight
thousand two hundred and forty four only) in favour of the financial creditor along with
interest at the rate of 24 % per annum from the date of claim petition till the date of
realisation. The company challenged the said award11 under Sec. 34 of the Arbitration
and Conciliation Act, 1996, but the said petition was dismissed by the High Court of Madras
vide order dtd. 16/11/2017 [Original Petition No.137 of 2015].