Tribunals and CommissionsDivision Bench(2019) 08 NCLT CK 0728

Azhaganambi Veeraswammy & Anr. vs Subramaniam Aneeta (IRP) & Anr.

National Company Law Tribunal · Decided on 7 August 2019

HON’BLE JUDGES
B.S.V. Prakash Kumar, Member (Judicial) · Anil Kumar B, Member (Technical)
CASE NUMBER
MA/858/2019 (CP/769/IB/2018)

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Judgment

4 paragraphs · 196 words

On the mentioning made by one of the alleged Financial Creditors viz., Mr. Azhaganambi Veerasamy (Applicant) Counsel stating that though there are 28 Financial Creditors, IRP in this matter proposed to hold meeting constituting CoC with two members only viz., G. Sreevidya and M/s. Narendra Properties Ltd.

As to representation of the RP before this Bench, despite notice served upon the IRP, he has not appeared before this Bench. However, for this Bench is of the view that it is essential to pass some interim orders, we hereby direct the IRP not to place the Agenda item regarding proposal for appointment of RP because this Applicant says remaining financial creditors are not shown as members of the CoC. Since the RP is not present before this Bench, we are unable to ascertain the ground position.

As to other items, the IRP is entitled to hold meeting subject to the outcome of this Application. With this direction, the IRP is hereby directed to be present and explain how many claims were received, how many of them admitted and how many of them rejected by the next date of hearing.

List this matter on 22.08.2019 at 10.30 A.M.