Tribunals and CommissionsDivision Bench(2023) 12 NCLT CK 3246

Tata Capital Financial Services Limited vs Maheshwary Ispat Limited

National Company Law Tribunal, Kolkata Bench · Decided on 19 December 2023

HON’BLE JUDGES
Bidisha Banerjee, Member (Judicial) · Arvind Devanathan, Member (Technical)
CASE NUMBER
TP/22(KB)2022, COMP.APPL/69(KB)2023, IA(COMPANIES.ACT)/92(KB)2023, IA(COMPANIES.ACT)/95(KB)2023, IA(COMPANIES.ACT)/103(KB)2023

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Judgment

16 paragraphs · 276 words

O R D E R

1.

Ld. Sr. Counsel/Counsel for the parties present.

2.

IA(COMPANIES.ACT)/92(KB)2023:

a. Heard Ld. Sr. Counsel/Counsel for all the parties.

b. Ld. Counsel Mr. Swatarup Banerjee appearing on behalf of the Applicant submits that the State Bank of India has sold away the asset of the Company in liquidation without obtaining liberty in accordance with law and in connivance with the Official Liquidator who was he custodian of this assets of the Company.

c. Therefore, Registry is directed to issue notice to the Official Liquidator to file its reply within a period of one week for justifying the sale by way of speed post and by e-mail and place the tracking information on record.

d. List this matter on 30.01.2024.

3.

IA(COMPANIES.ACT)/103(KB)2023:

a. This application has been preferred to seek appointment of Mr. Santanu Brahma as the Liquidator to replace the Official Liquidator.

b. In view of the fact that we have asked the Official Liquidator in the matter to give its report.

c. Mr. Santanu Brahma is appointed as Liquidator in the matter to ascertain the details in regard to the assets of the Company and furnish a report to this Adjudicating Authority on the next date.

d. The Liquidator shall ensure that he shall take custody of all the assets and no transfer and/or no further alienation take place in the meantime.

e. The said Liquidator shall obtain a report from the Official Liquidator who was dealing with the matter so long about the propriety of the sale conducted in the meantime.

f. List this matter on 30.01.2024.

4.

COMP.APPL/69(KB)2023 and IA(COMPANIES.ACT)/95(KB)2023:

a. List these matters for arguments on 30.01.2024.