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Udayraj Patwardhan vs Chief Electrical Engineer Goa

National Company Law Tribunal · Decided on 8 September 2021 · Citation: (2021) 09 NCLT CK 0015

HON’BLE JUDGES
Ashok Kumar Borah, Member (J) · Shyam Babu Gautam, Member (J)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 7, 19, 34(3), 60(5) · Insolvency and Bankruptcy Board of India(Liquidation Process) Regulations, 2016 — Regulation 9, 31(A), 31(3)
RESULT
Disposed Of
CASE NUMBER
IA 265, 295, 989 Of 2021 In C.P. (IB)-1634(MB)/2017
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Judgment

7 paragraphs · 379 words

The matter is taken up through Virtual Hearing (VC). Mr. Aakash Sherwal appeared for the Liquidator. Mr. Rishab Shetty appeared for the Applicant.

IA-265/2021 - This IA is filed by the Liquidator seeking liberty for modification of the list of stakeholders filed before this Tribunal in accordance with Regulation 31(3) of IBBI (Liquidation Process) Regulations, 2016 and permit the modification of the Stakeholder Consultation Committee based on the revised list of stakeholders in accordance with Regulation 31(A) of IBBI (Liquidation Process) Regulations, 2016.

Having considered the submissions of the Counsel for the Liquidator and the reasons mentioned herein, in the above application this Bench considers it fit and proper to allow this Application, hence prayers (b), (c) and (d) are allowed. Accordingly, this IA-265/2021 is disposed of. IA-283/2021 - This IA is filed by the Liquidator seeking various prayers. Counsel appearing for the Liquidator submit that the some amount in respect of CIR Process has been received by the Liquidator from Respondent No.1. Accordingly the Liquidator seeks liberty to amend the IA. Let the Amendment in IA be carried out within a period of two weeks. The Counsel appearing for Respondent No.1 is physically present in Court and seeks time to file Reply. Time granted. Copy of amended IA may also be served on Respondent No. 1.

IA-295/2021 - Registry is directed to Issue Notice to Andhra Bank, Respondent Nos. 1, 2 and 3.

IA-427/2021 - This IA is filed by the Liquidator seeking exclusion of time with effect from 25.02.2020 to 31.05.2020 and further exclusion of time with effect from 01.06.2020 to 28.02.2021 pursuant to the lock down restrictions imposed by State Government of Maharashtra.

Having considered the submissions of the Counsel for the Liquidator and the reasons mentioned in the Application, this Bench considers it fit and proper to allow exclusion of time. Accordingly, the period as indicated above is excluded from the counting of CIRP. With these observations IA-427/2021 is disposed of.

IA-989/2021 - This IA is filed by the Liquidator under section 19 and 34(3) of the I&B Code read with Regulation 9 of I&B Board of India (Liquidation Process) Regulation 2016 seeking co-operation from Respondent Nos. 1 to 5. Registry is directed to issue Notice to Respondent Nos. 1 to 5. Returnable on 21.10.2021.