Tribunals and CommissionsDivision Bench(2024) 07 NCLT CK 1775

Canara Bank vs Laxmi Engineering Industries (Bhopal) Pvt Ltd

National Company Law Tribunal · Decided on 23 July 2024

HON’BLE JUDGES
Chitra Ram Hankare, Member (J) · Kaushalendra Kumar Singh, Member (T)
CASE NUMBER
C.P.(IB)/8(MP)2022

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Judgment

19 paragraphs · 377 words

ORDER

IA/268(MP)2024, IA/330(MP)2024 & IA/331(MP)2024

IA/268(MP)2024

This is an application filed by the RP under Section 60(5) of the IBC, 2016 r.w. Rule 11 of NCLT Rules, 2016 seeking another 45 days’ extension in the CIRP period after the expiry of 270 days.

We have heard learned counsel, Mr. Madhav Lahoti appearing for the RP as well as learned RP, Ms. Teena Saraswat Pandey.

Keeping in view the submissions made by the learned counsel as well as the pleadings in the application, we allow 45 days’ extension to complete the CIRP proceedings.

With this, IA/268(MP)2024 stands allowed as prayed and disposed of.

IA/330(MP)2024

This is an application filed by the RP under Section 60(5) of the IBC, 2016 r.w. Rule 11 of the NCLT Rules, 2016 for urgent hearing of IA/268(MP)2024 in C.P.(IB)/8(MP)2022 from 23.07.2024 to 08.07.2024. We have heard learned counsel, Mr. Madhav Lahoti appearing for the RP as well as learned RP, Ms. Teena Saraswat Pandey.

As the IA/268(MP)2024 is decided today, this application becomes infructuous.

With this, IA/330(MP)2024 stands disposed of as infructuous.

IA/331(MP)2024

This is an application filed by the RP under Section 12A of the IBC, 2016 r.w. Regulations 30A(B) of the IBBI for withdrawal of the CIRP of the Corporate Debtor -M/s Laxmi Engineering Industries (Bhopal) Pvt Ltd.

We have heard learned counsel, Mr. Madhav Lahoti appearing for the RP as well as learned RP, Ms. Teena Saraswat Pandey.

Learned counsel for the RP submits that the payments have been made by the Financial Creditor, hence, he seeks permission from this Adjudicating Authority to withdraw the CIRP of the Corporate Debtor i.e., M/s Laxmi Engineering Industries (Bhopal) Pvt Ltd which was initiated vide order dated 28.07.2023.

After considering the facts and the submissions made by the learned counsel for the RP, we allow this application and thereby the CIRP is terminated.

The Corporate Debtor is free from the rigours of the CIRP. The control over the Corporate Debtor should be handed over by the RP to the Suspended Management of the Corporate Debtor.

The CIRP initiated in the main petition i.e., C.P.(IB)/8(MP)2022 stands closed. Any pending applications relating to this main petition shall be treated as infructuous and disposed of.

With these observations, IA/331(MP)2024 stands allowed as prayed and disposed of.