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Judgment
I.A. No. 430 of 2023:
This application has been filed praying for correction/modification in the order passed by this Tribunal dated 03.01.2023. The application brings on record the order of the Hon’ble Supreme Court dated 13.12.2021 passed in Civil Appeal No. 27025/2021 which is to the following effect:
“ORDER
Permission to file the appeal is granted.
Appeal is admitted.
Let the appeal be listed for final hearing on January 25, 2022.
In the meanwhile, the three banks, namely, State Bank of India, Bank of Baroda Bank and HDFC Bank may retain the money appropriated by them in a separate account.”
It is further stated in the application that name of the Corporate Debtor by inadvertent mistake has been wrongly mentioned in Paras 2 and 3 of the judgment, which needs correction. In Paras 2 and 3 of the order, the Corporate Debtor, ‘Sintex BAPL Ltd.’ be substituted and expression ‘Sintex Plastics Technology Ltd.’ be deleted. Let Paras 2 and 3 be corrected accordingly.
In view of the order of Hon’ble Supreme Court dated 13.12.2021, the direction issued by this Tribunal in the judgment dated 03.01.2023 i.e. Direction No. (ii) stands deleted. The observations made in Paras 18, 19 and 22 with respect to Direction No. (ii) also stand deleted.
In Direction No. (iv), in place of ‘KKR India Financial Services Ltd.’ The words ‘Nissei Plastic Industrial Co. Ltd.’ be substituted.
The direction as issued in Para 25 stands substituted to the following effect:
i. The Application for withdrawal of Section 9 Application filed vide CP(IB) No. 759 (AHM) 2019 is set aside and consequently the CIRP initiated as a result of admission of Section 9 Application vide Order dated 18.12.2020 is allowed to run its due course and be completed in accordance with the provisions of IBC, 2016;
ii. The admission order dated 19.07.2021 passed on Section 7 Application in CP(IB) No. 276(AHM)2020 is set aside and the related CIRP shall stand closed with immediate effect.
iii. Any other asset which is in the possession of the corporate debtor particularly the machine which is claimed to be owned by Nissei Plastic Industrial Co. Ltd., shall be dealt with by the Resolution Professional under the provisions of IBC, 2016.
iv. With the above stated directions, these Appeals are disposed of.
Let corrected copy of the judgment be also uploaded. Application is allowed accordingly.