Tribunals and CommissionsDivision Bench(2024) 12 NCLT CK 1307

Padmakumar K C (Liquidator) In The Matter Of Asten Realtors Private Limited

National Company Law Tribunal, Kochi Bench · Decided on 17 December 2024

HON’BLE JUDGES
Ravichandran Ramasamy, Member (Technical) · Jyoti Kumar Tripathi, Member (Judicial)
RESULT
Allowed
CASE NUMBER
IA(IBC)/523/KOB/2024 in CP(IBC)/54/KOB/2022

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Judgment

7 paragraphs · 227 words

This is a fresh application filed by Liquidator of M/s. Asten Realtors Private Limited seeking the following prayers: -

a)

Grant permission to the liquidator to defer the decision to be taken in the First SCC consisting of the erstwhile COC to the Second SCC after the constitution of the SCC in view of approval of two project wise resolution plans and change of constitution of the committee;

b)

In view of prayer (a) above, pass an order to permit the Liquidator to convene the second SCC after the constitution of the SCC, as the Liquidator cannot convene the second meeting within 30 days from the first SCC as required under Regulation 31A(6);

c)

Pass an order to take on record the minutes of the first meeting of SCC consisting of the committee of creditors held on 27th November 2024.

Learned Counsel, Mr. Vinod P V appears on behalf of the Liquidator through virtual mode.

Case heard. Taking note of the submissions of the learned counsel appearing for the applicant, reliefs sought under prayer clauses 'a' & 'b' are allowed. In respect of prayer 'c', Registry is directed to take the minutes of the first meeting of SCC consisting of the committee of creditors held on 27th November 2024 on record. Accordingly, Prayer 'c' is allowed.

In view of above, this application is allowed and disposed of.