Ashok Leyland Ltd vs Windals Auto Pvt. Ltd

Mr. Shreyas Shrivastava, Ld. Counsel for the Applicant in Rst. A.: 6/2022 present. None present for the Respondent.

The Rst.A.:06(MB)/2022 has been filed by the Operational Creditor in the main Company Petition seeking restoration of the same viz. CP(IB)/503(MB)/2021. The Counsel appearing for the Applicant submits that the main CP was dismissed as infructuous by this Court on 25.08.2021 on the grounds that the CIRP was already initiated against the Corporate Debtor in another Petition viz. CP(IB)-3221/MB/2019 (Order dated 02.08.2021) with a direction to file the claim with the IRP appointed in that matter. However, the said CIRP was set aside and that Petition was dismissed as withdrawn under Section 12A due to an amicable settlement between that Petitioner and the Corporate Debtor.

In the above circumstances, this Bench considers that the main Petition of the Applicant herein is to be restored, heard and adjudicated. Accordingly, Rst.A.:06(MB)/2022 is allowed and disposed of. CP(IB)/503(MB)/2021 is restored.

Registry is directed to issue Court Notice to the Corporate Debtor in CP(IB)/503(MB)/2021 clearly indicating the next date of hearing. Counsel for the Operational Creditor is directed to collect the Court Notice from the Registry/Court Officer and serve upon the Corporate Debtor by all available means and file proof of service within two weeks. The Corporate Debtor is directed to file its reply within two weeks from the date of receipt of Court Notice with a copy served upon the Counsel for the Operational Creditor.

List this matter (CP(IB)/503/2021) for further consideration on 13.09.2022.