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State Bank Of India And Ors vs Castex Technologies Limited And Ors

National Company Law Tribunal · Decided on 28 July 2020 · Citation: (2020) 07 NCLT CK 0054

HON’BLE JUDGES
Ajay Kumar Vatsavayi, J · Raghu Nayyar, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Interlocutory Appeal Nos. 217, 218 Of 2020 In Company Petition (IB) No. 116/Chd/Hry Of 2017

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 528 words

IA No. 217/2020

1.

IA No. 217/2020 is filed by the Resolution Professional of M/s. Castex Technologies Ltd. seeking urgent hearing of IA No. 218/2020. In the circumstances, IA No. 217/2020 is allowed and accordingly, IA No. 218/2020 is taken up for hearing.

2.

Accordingly, IA No. 217/2020 is disposed of.

IA No. 218/2020

3.

Mr. Sumant Batra, the learned counsel appearing for the Resolution Professional and applicant in IA No. 218/2020 submits that he has filed additional affidavit, compilation of orders of Hon'ble NCLAT, pleadings in the appeal pending before the Hon'ble NCLAT and letter issued by the successful resolution applicant claiming to terminate the plan however, none of those documents are before us. The applicant's counsel shall ensure receipt of the said documents by the Registry and on such receipt the Registry after scrutinizing the same, shall place the same before us.

4.

Mr. Dinesh Pednekar, the learned counsel appearing for the successful resolution applicant submits that they have not received the copy of the IA No. 218/2020 and any other documents said to have been filed by the applicant/Resolution Applicant. Mr. Sumant Batra, the learned counsel for the applicant while submitting that the applicant had supplied copies of application alongwith documents to the resolution applicant however he agreed to supply copies of the same once again to the resolution applicant today itself. Mr. Pednekar, the learned counsel further seeks time to file counter in the IA. The successful resolution applicant shall file its reply, if any, to the application within one week from the date of receipt of the copy of the application and other documents with a copy in advance to the counsel opposite and the applicant in the instant IA may file their rejoinder thereto, if any, within three days thereafter with a copy in advance to the counsel opposite.

5.

Mr. Nitin Rai, the learned senior counsel appearing for the Committee of Creditors and Ms. Salina Chalana, the learned counsel appearing for third respondent-Promoter-Ex-Director of corporate debtor submits that they are not intending to file any reply to the IA.

6.

The resolution applicant shall also file a proper and detailed index to the resolution plan which was sent to the Registry by way of a sealed cover by today itself after service on all the other counsels.

7.

Mr. Sumant Batra, the learned counsel for the applicant-Resolution Professional further submits that there are certain CA Nos. 588/2019, 1158/2019, 935/2019 and 622/2019 which may also be decided alongwith the instant IA. He further submits that the said CAs are now listed on 06.08.2020, in the regular list. In view of the said submissions, the date of hearing of the said CAs is changed and may be listed for hearing alongwith the instant IA No. 218/2020 on 18.08.2020, through video conferencing. The applicant's counsel shall inform the fixing of the date of hearing in those IAs to all the counsels in the said IAs and also communicated this order to them. The pleadings, if any, if not completed in the said IAs also may be completed by the said date with a copy in advance to the counsel opposite.

8.

List on 18.08.2020.