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Judgment
22.07.2025: This appeal is filed against an impugned order dated 17.10.2024 passed by Ld. NCLT, Kolkata Bench-II in CP No. 240/KB/2024. Admittedly, vide the impugned order, Ld. Administrator was appointed and as alleged without recording any prima facie satisfaction to the allegations of Respondent No. 1.
Further, vide the impugned order, the operation of the letter dated 16.08.2024 qua suspension of the Respondent No. 1 herein was also suspended. Admittedly, Ms. Sreenita Ghosh Dastidar (Thaker) was appointed as an Administrator to run day to day affairs.
It is submitted by both the parties now they have settled amongst themselves qua the issue of confirmation of an administrator for running day to day affairs as the company as is being run smoothly by the current management and that the parties have settled this issue qua the role of an Administrator, more specifically in terms of para 3 of the written note prepared by the parties herein in terms of the proceedings conducted on 18.07.2025.
The Learned Counsels for the Respondent No. 1, Respondent No. 2 and Respondent No. 3 are present before us and they agree to the mutually accepted understanding arrived at between the parties on the issue stated above. They submit this appeal may be disposed of in terms of understanding contained in para 3 of the written note filed before the court today.
Considering the submissions and in view of the mutually accepted understanding as is recorded in the written note, the appeal is disposed of and the impugned order qua appointment of an Administrator stands set aside and the company may continue in accordance with the understanding so arrived at between the parties and is narrated in the written note, more specifically in its para 3. The appeal stands disposed of. Pending application(s), if any, are also disposed of.