Tribunals and CommissionsDivision Bench(2023) 01 NCLAT CK 0064

Om Prakash vs Wipro Enterprises Pvt. Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 17 January 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
I.A. No. 207 Of 2023 in Company Appeal (AT) (Insolvency) No.31 Of 2023

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Judgment

5 paragraphs · 302 words

I.A. No. 207 of 2023: This is an application praying for certain directions in this Appeal. By the order passed by this Tribunal on 16.01.2023, the impugned order dated 03.01.2023 has already been stayed. The Appellant’s case is that certain projects are being carried out by the Respondent No.2 – NTPC BHEL Power Project Pvt. Ltd. and for day to day operations leave of this Court is required.

In view of the facts of the present case, the prayers (b) and (c) in the application deserve to be allowed. We allow prayer (b) and (c), which are to the following effect:

“b. In the alternative, pass an order thereby granting permission to a Committee of Officers comprising of Sh. D Immanuel Ponraj, Chief Financial Officer, Sh S C Das, DGM(C&M) and Sh. V V L N Rao, Sr. Manager (Operations & Corporate functions) to jointly exercise the decision making powers vested with the erstwhile Director (Project), Director (Operations) and Managing Director in their independent and joint capacity for completion of the Unchahar Power Project and day to day operations of the Respondent No.2, as detailed in the chart mentioned in para no. 12 till such time the present Appeal is disposed of by this Hon'ble Appellate Tribunal; and

c. Pass an order thereby granting permission to the suspended Managing Director of the Respondent No.2 Company to sign the cheques, along with another authorized official being the Chief Financial Officer of the Respondent No.2 for payments to be released by the Respondent No. 2 Company for the Unchahar project and day to day operations of the Respondent No.2; and

It is further directed that weekly report of above functions and transactions carried out shall be submitted to the IRP by the Committee which has been authorised as above.  Application is disposed of accordingly.