Tribunals and CommissionsDivision Bench(2021) 11 NCLT CK 0244

Jai Balaji Industries Ltd. vs The Orissa Minerals Development Co. Ltd

National Company Law Tribunal, Kolkata Bench · Decided on 25 November 2021

HON’BLE JUDGES
Harish Chander Suri, Member (Technical) · Rohit Kapoor, Member (Judicial)
CASE NUMBER
C.P. (IB)/688(KB)2020

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Judgment

9 paragraphs · 188 words

O R D E R

1.

Ld. Counsel on both sides present.

2.

The CP was admitted by this Adjudicating Authority vide order dated 30/09/2020, which was challenged before the Hon’ble NCLAT and the Hon’ble NCLAT had set aside the order passed by this Adjudicating Authority, which was further challenged before Hon’ble Supreme Court and vide order passed on 01/10/2021 in Civil appeal No. 5904 of 2021 has dismissed the appeal. In view of the order passed by the Hon’ble Supreme Court of India, the order passed by the Adjudicating Authority admitting the CP(IB)/688(KB)2020 has been set aside. Therefore, it is ordered as follows :-

(a)

CIRP initiated against the Corporate Debtor vide order dated 30/09/2020 is hereby closed;

(b)

The Board of Directors of the Corporate Debtor is restored to its original position;

(c)

The RP is discharged from his responsibilities;

(d)

The RP is hereby directed to handover to the Board of Directors of the Corporate Debtor all its assets and books of account and other documents immediately.

3.

With the above directions the CP(IB)/688(KB)2020 shall stand disposed of.

4.

File be consigned to the records