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Tribunals and CommissionsDivision Bench(2023) 03 NCLT CK 3777

Union Of India vs Shri Anup Kumar

National Company Law Tribunal · Decided on 17 March 2023

HON’BLE JUDGES
Prabhat Kumar, Member (Technical) · Kishore Vemulapalli, Member (Judicial)
CASE NUMBER
IA No. 2271/2022

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Judgment

6 paragraphs · 192 words

Per; Prabhat Kumar, Member (Technical)

ORDER

1.

This is an Application filed by the Applicant/ Union of India seeking stay of proceedings under Liquidation Application i.e. IA-661/2021 filed for seeking liquidation of the Corporate Debtor.

2.

The Applicant has submitted that it was not aware of the commencement of the CIRP against the Corporate Debtor which started on 26.02.2020 when the Applicant issued the letter for encashment of the Bank Guarantees of the Corporate Debtor on 27.02.2020 and deposited Demand Draft received from the Bank on 02.03.2020 in the Ministry of Information and Broadcasting (I & B) for credit into Govt. Account. It is also submitted that their claim was admitted by the Resolution Professional on contingent basis.

3.

The Applicant has prayed for stay of liquidation proceeding till the decision in pending Court cases including transferred case (Civil) No. 73 of 2019 before the Hon’ble Supreme Court.

4.

We feel that the issues raised by the Applicant can be dealt with equally in course of liquidation proceeding also, in case, the same is allowed by us. Hence, there is no need to stay the proceeding under IA-661/2021. Accordingly, IA-2271/2022 is dismissed.