Tribunals and CommissionsDivision Bench(2022) 01 NCLT CK 0260

Reserve Bank Of India vs Srei Infrastructure Finance Limited

National Company Law Tribunal, Kolkata Bench · Decided on 25 January 2022

HON’BLE JUDGES
Rajasekhar V.K., Member (Judicial) · Balraj Joshi, Member (Technical)
CASE NUMBER
C.P. (IB)/295(KB)2021

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Judgment

7 paragraphs · 301 words

ORDER

Ld. Advocate General/Ld. Sr. Counsel for the applicant present. Ld. Counsel for the Committee of Creditors present. Ld. Sr. Counsel for the Administrator present.

IA 75/KB/2022: This IA was put on Board by way of an Additional list at the instance of the applicant who cited extreme urgency in hearing the matter.

Mr. S.N. Mookherjee, Ld. Advocate General appeared on behalf of the applicant herein and submitted that the main issue for consideration herein involves an audit being conducted by KPMG at the instance of the Consortium of Banks and whether the same can still be continued after commencement of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor which has been allowed vide order dated 08/10/2021 in CP (IB) No. 295/KB/2021.

Ld. Sr. Counsel for the Administrator present. Ld. Counsel appearing on behalf of the Committee of Creditors (CoC). No representation on behalf of R5 which is KPMG Assurance and Consulting Services LLP. In the first instance the Counsel on record for the applicant is hereby directed to serve copies on the Counsel on record for the CoC, the Counsel on record for the Administrator. Ld. Counsel on record appearing for the applicant is further directed to serve complete set of the application and the annexures on the Respondent No.5 by speed post and e-mail and place tracking information on record.

Ld. Sr. Counsel representing the Administrator and the Ld. Counsel appearing on behalf of the CoC seeks some time to take suitable instruction in the matter. At request and by consent one week time is granted for the same. List this matter for further consideration on 01/02/2022.

In the meantime if the report of the Forensic Audit being conducted by Respondent No.5 is ready, the same be kept in a sealed cover without dissemination for the time being.