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Judgment
PER SHRI L. N. GUPTA, MEMBER (T)
M/s Viom Infra Ventures Limited, formerly known as M/s Quippo Infrastructure Limited (Applicant/Operational Creditor) has filed this Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('IBC, 2016') read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 through its authorized representative Mr. Rupesh Kumar with a prayer to initiate the Corporate Insolvency Resolution Process against M/s SKA Infrastructure Private Limited ('Corporate Debtor/Respondent').
The Corporate Debtor namely, SKA Infrastructure Private Limited, having CIN: U45400DL2011PTC216808 is a company incorporated on 31.03.2011 under the provisions of the erstwhile Companies Act, 1956, having registered office at O-62, Lajpat Nagar II New Delhi DL 110024, which is within the jurisdiction of this Tribunal.
That from the perusal of the Master Data of the Applicant Company on the website of Ministry of Corporate Affairs, it is noticed that the Applicant/Operational Creditor is under the CIR process. The master data of the Applicant Company as appearing on the website of Ministry of Corporate Affairs is reproduced overleaf :
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DSC Services
| CIN | U35203TG2007PLC057400 |
| Company Name | VIOM INFRA VENTURES LIMITED |
| ROC Code | RoC-Hyderabad |
| Registration Number | 057400 |
| Company Category | Company limited by Shares |
| Company SubCategory | Non-govt company |
| Class of Company | Public |
| Authorised Capital(Rs) | 96000000 |
| Paid up Capital(Rs) | 71100000 |
| Number of Members(Applicable in case of company without Share Capital) | 0 |
| Date of Incorporation | 06/02/2007 |
| Registered Address | NAC Campus, NAC Road Cyberabad, Kondapur (Post) Hyderabad Hyderabad TG 500084 IN |
| Address other than R/o where all or any books of account and papers are maintained | PLOT NO. X-1, 2 & 3, BLOCK EP SECTOR V, GROUND FLOOR, SALT LAKE CITY KOLKATA 700091 WB |
| Email Id | [email protected] |
| Whether Listed or not | Unlisted |
| ACTIVE compliance | |
| Suspended at stock exchange | - |
| Date of last AGM | 31/12/2020 |
| Date of Balance Sheet | 31/03/2020 |
| Company Status(for efiling) | Active |
| Status under CIRP(if applicable) | Under Corporate Insolvency Resolution Process |
Company/LLP Master Data
That further from perusal of the IBBI website, it is confirmed that the Applicant Company has been under CIRP vide order dated 23.09.2021 passed by the NCLT Hyderabad Bench in the matter of M/s. SREI Equipment Finance Limited vs. M/s. Viom Infra Ventures Limited in CP (IB) No. 148/7/HBD/2021.
The details appearing on the website of IBBI are reproduced below:
That we further observe that the present application has not been contested or authorized to be contested by the IRP of the Applicant Company. Rather, the Applicant Company, which is under CIRP has still been represented through Mr. Rupesh Kumar, authorized by the Ex-management.
That the aforesaid fact that the Applicant Company is under CIRP has not been placed on record or informed by the Applicant to this Bench at any stage. Hence, the Authorised Representative of the Applicant Company is directed to file a Show Cause for concealment of this material fact and the reasons why the action under the appropriate provisions of the law be not initiated against them for the lapse. The Registry/Court Officer are directed to issue the Show Cause notice accordingly.
Since by virtue of Explanation II of Section 11 of IBC, 2016, the Company which is already under CIRP is allowed to initiate CIR process of another Corporate Debtor, we feel it proper to issue notice to the IRP of the Applicant Company to take necessary steps to pursue, if it wishes to, the present application filed under Section 9 of IBC, 2016.
The Registry is, therefore, directed to issue notice to the IRP of the Applicant Company namely, Shri Jitendra Lohia, IBBI Registration No. IBBI/IPA-001/IP-P00170/2017-18/10339, having its address 2/7, Sarat Bose Road, 2nd Floor, Vasundhara Building, Near Hindustan Club, Kolkata, West Bengal – 700020, by mail at his Email ID : [email protected].
The matter is accordingly de-reserved. List the matter on 04.07.2022 before the Regular Bench.