Tribunals and CommissionsDivision Bench(2021) 09 NCLAT CK 0057

West Bengal Financial Corporation vs Krishnaswami CVR & Anr

National Company Law Appellate Tribunal · Decided on 14 September 2021

HON’BLE JUDGES
Anant Bijay Singh, Member (J) · Shreesha Merla, Member (T)
CASE NUMBER
Company Appeal (At)(Insolvency) No.725 Of 2021

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Judgment

8 paragraphs · 278 words

Heard learned counsel for the appellant.

Learned counsel Mr. Shaunak Mitra, appears on behalf of Resolution Professional, Mr. Krishnaswami CVR, Respondent No.1 and accepts notice on his behalf. No further notice is required to be served on him.

Learned counsel for the appellant is directed to take steps for issuance of notice on Respondent No.2, Glaze Infrastructure Pvt Ltd, 591, Block-O, New Alipore, 3rd floor from back gate, Kolkata 700053 by speed post and email. Requisites alongwith process fee be filed by Friday, i.e. 17.09.2021.

Learned counsel for the Respondent No.1 is directed to file hard copy of the reply affidavit within three weeks. Learned counsel for the Respondent No.2 is directed to appear and file hard copy of the reply affidavit within three weeks. Rejoinder (hard copy), if any, be filed within one week thereafter.

An IA No.1924 of 2021 has been filed by the appellant seeking exemption from filing the certified copy of the impugned order dated 06.08.2021.

Heard learned counsel for the appellant on IA No.1924/2021 for exemption from filing original/certified copy of the impugned order dated 6.8.2021 passed in IA No.(IB)No.219/KB/2021 in CP (IB) No.185/KB/2018 by NCLT Kolkata Bench, Kolkata. Having heard the learned counsel and the reasons explained in the IA, IA stands allowed. Learned counsel for the appellant is directed to file certified copy of the impugned order within one week after obtaining the certified copy of the order.

List the matter on 15.11.2021 under the heading for admission (after notice).

In the meanwhile, operation of impugned order dated 6.8.2021 contained in para 11 whereby the NCLT have directed payment of Rs.15,00,000/- to RP for the entire CIRP period shall remain stayed.