Tribunals and CommissionsFull Bench(2025) 01 NCLAT CK 1937

Amit Deshmukh vs Desh Cam Technological Resources Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 2 January 2025

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical) · Arun Baroka, Member (Technical)
CASE NUMBER
I.A. No. 8964, 8965 of 2024 in Company Appeal (AT) (Insolvency) No.1290 of 2024

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Judgment

10 paragraphs · 263 words

02.01.2025: I.A. No. 8964, 8965 of 2024: This Application has been filed by the Appellant seeking following prayers:

“i.

Allow the instant application and modify the order dated 15.07.2024 and grant a stay on any further steps in the Corporate Insolvency Resolution Process by the Respondent No. 1.

ii.

Allow the instant application and direct the Respondent not to hamper the business of the Corporate Debtor; and/or

iii.

Pass such other orders as this Hon'ble Tribunal may deem fit and proper given the facts and circumstances of the present case.”

2.

Learned counsel for the Applicant submits that in the minutes of the 5th CoC meeting held on 11.10.2024, the submission of the IRP was noticed that the Resolution Professional will proceed to issue a formal notice and, if necessary, file an application before the National Company Law Tribunal seeking termination of the lease agreement.

3.

Learned counsel for the Respondent submits that the appeal is already fixed for hearing on 13.02.2025 and the Appeal itself need to be decided.

4.

We have already passed an interim order in the appeal that no plan shall be put for voting. We are of the view that the appeal having already fixed for hearing, no precipitative steps shall be taken by any of the parties.

5.

Learned counsel for the Resolution Professional submits that the amount of lease rental may be deposited in the CIRP account.

6.

We observe that all deposits have to be made in the account of the Corporate Debtor (CIRP Account) only.

7.

With these observations, we dispose of this application.