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Tribunals and CommissionsDivision Bench(2021) 11 NCLT CK 0245

Edelweiss Asset Reconstruction Company Ltd vs Hindusthan National Glass & Industries Ltd

National Company Law Tribunal, Kolkata Bench · Decided on 16 November 2021

HON’BLE JUDGES
Rajasekhar V.K., Member (Judicial) · Balraj Joshi, Member (Technical)
CASE NUMBER
C.P. (IB)/279(KB)2021

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Judgment

5 paragraphs · 118 words

ORDER

1.

Ld. Counsel for the Financial Creditor present.

2.

Vide order dated 21.10.2021 in CP(IB) No.369/KB/2020, CIRP already been initiated against the Corporate Debtor.

3.

However, we also note that an appeal has been filed by Members of the Suspended Board against the order of admission before the Hon’ble NCLAT which has stayed the constitution of the Committee of Creditors while allowing the IRP to continue in possession of the CD.

4.

At this stage C.P. (IB)/279(KB)2021 is dismissed as infructuous with liberty to the Financial Creditor to raise its claim with the IRP appointed in the matter and to file appropriate applications for revival company petition depending on the decision of the Hon’ble NCLAT regarding admission.