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Judgment
These two Appeals have been filed by the Appellants namely Ocean Deity Investment Holdings Ltd., PCC and Sumit Ranjan Saha respectively are arising from the same Impugned Order dated 20.09.2021 passed by Ld. NCLT, Mumbai Bench, Court III in C.P. No. 1621/IBC/MB/2019 filed by the Financial Creditor-Suraksha Asset Reconstrution Pvt. Ltd. (Respondent No. 1 herein) whereby Ld. NCLT has allowed the petition filed under Section 7 of Insolvency and Bankruptcy Code, 2016 and initiated Corporate Insolvency Resolution Process against Mack Star Marketing Pvt. Ltd. and appointed Mr. Saurabh Kumar Tikmani, Insolvency Resolution Professional.
Heard Dr. Abhishek Manu Singhvi, Sr. Advocate and Mr. Krishnendu Datta, Sr. Advocate appear on behalf of Appellant in Company Appeal (AT) (Ins.) No.795 of 2021. Mr. Vikas Singh, Sr. Advocate appears on behalf of Appellant in Company Appeal (AT) (Ins.) No. 806 of 2021.
Mr. Dhruba Mukherjee, Sr. Advocate appears and waives notice on behalf of Respondent No. 1 in both these Appeals. Learned Counsels for the Appellants in both these Appeals are directed to take steps for issuance of Notice on Respondent No. 2 by both mode (Speed Post as well as Email) in both these Appeals. Requisite along with process fee be filed, if not filed by Tuesday i.e. 05.10.2021.
Learned Counsel for the Respondent No. 1 in both these Appeals is directed to file hard-copy of the Reply-Affidavits within three weeks. Reply-Affidavits on behalf of Respondent No. 2 may also be filed after receipt of Notice within three weeks.
Rejoinder, if any, may be filed within a week, thereafter.
In the meanwhile, the Insolvency Resolution Professional (IRP) may take charge but shall not issue any Public Announcements, Expression of Interest in this matter.
Further no step for the constitution of Committee of Creditors (CoC) should be taken by the IRP till next date.
List the Appeal 'For Admission (After Notice)' on 17th November, 2021.