Tribunals and CommissionsDivision Bench(2022) 05 NCLT CK 0472

BRGD Ingot Private Limited vs M/s. McNally Bharat Engineering Co. Limited

National Company Law Tribunal, Kolkata Bench · Decided on 18 May 2022

HON’BLE JUDGES
Rohit Kapoor, Member (Judicial) · Harish Chander Suri, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
C.P. (IB)/180(KB)2020, IA(I.B.C)/345(KB)2022

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Judgment

10 paragraphs · 243 words

O R D E R

1.

Ld. Counsel for the Operational Creditor present.

2.

IA(IBC)/345(KB)2022

(a)

This application has been moved by the Operational Creditor seeking change of the name of the Operational Creditor from BRGD Ingot Private Limited to HMB Ispat Private Limited. It is submitted that resolution has been passed in the Extra Ordinary General Meeting of the shareholders held on 27/09/2021 for change of name and the change of name has already been effected in the record of the Registrar of Companies, West Bengal vide Certificate of Incorporation issued on 03/11/2021.

(b)

In view of the averments made in the IA and submissions made by the Ld. Counsel for the Operational Creditor in Court, name of the Operational Creditor is allowed to be changed to HMB Ispat Private Limited. The Operational Creditor may file amended memo of parties within two days.

(c)

IA (IBC)/345(KB)2022 stands disposed of.

3.

CP(IB)/180(KB)2020

(a)

Vide order dated 29/04/2022 passed in CP(IB)/891(KB)2020, the Corporate Debtor herein has already been admitted under the CIRP by Bench No. 1 of this Adjudicating Authority. In view of this, CP(IB)/180(KB)2020 cannot be continued. The Operational Creditor, in this petition, may file its claim before the IRP/RP appointed in CP(IB)/891(KB)2020. In case, there is any settlement between the parties in CP(IB)/891(KB)2020, the Operational Creditor herein may make an application for revival of the CP(IB)/180(KB)2020.

(b)

With the above directions CP(IB)/180(KB)2020 is disposed of.

(c)

File be consigned to the records.