IN THE NATIONAL COMPANY LAW TRIBUNAL
BENGALURU BENCH, BENGALURU
(Through Physical Hearing / VC Mode (Hybrid))
ITEM No.02 I.A.Nos.464, 610 & 635/2023 in C.P.(IB)No.123/BB/2022
IN THE MATTER OF:
M/s. J. C. Flower Arc … Petitioner Vs.
M/s. Abhishek Propbuild Pvt. Ltd. … Respondent
Order under Section 7 of IBC, 2016 Order delivered on 11.12.2023
CORAM:
SHRI K. BISWAL
HON'BLE MEMBER (JUDICIAL)
SHRI MANOJ KUMAR DUBEY
HON'BLE MEMBER (TECHNICAL)
PRESENT:
For the Petitioner/Applicant in IAs : Ms. Divya Jain For the Respondent : Shri Srinandan K.
ORDER
C.P.(IB).No.123/2022:
1. Heard the Ld. Counsels appearing for the Petitioner and the Respondent.
2. In compliance to the Order dated 26.09.2023, Ld. Counsel for the Petitioner has filed an additional statement of objection vide Diary No.6096 dated 06.12.2023 and the same is taken on record.
3. Both the parties are permitted to file written submissions, in not more than four pages in total along with citations, with a proper index and page number of relevant document relied upon. This shall be done within a week's time.
4. Order Reserved in I.A.No.464/2023 and C.P. I.A. No.610/2023:
1. The present Application has been filed by the Applicant, U/s. 60(5) of the IBC, 2016 R/w. Rule 11 of the NCLT Rules, 2016, seeking for condonation of delay of 30 days (from 03.07.2023 to 28.07.2023) in filing the amended Form No.1.
2. Heard the Ld. Counsels for the Applicant/Financial Creditor.
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3. The Ld. Counsel for the Applicant submits that they have filed amended Form No.1 vide Diary No.1179 dated 28.07.2023. The same is taken on record. Hence, she is not pressing the instant Application as it become infructuous.
4. In the circumstances, and for the reasons mentioned in the Application, the instant I.A. is hereby allowed by condoning the delay of 30 days in filing Form 1.
5. Accordingly, I.A.No.610 of 2023 is disposed of.
I.A.No.635/2023:
1. The present Application has been filed by the Applicant U/s. 60(5) of the IBC, 2016 R/w. Rule 11 of the NCLT Rules, 2016, seeking for extension of four weeks' time for filing the Form-D.
2. Heard the Ld. Counsel for the Applicant.
3. When the matter is taken up for hearing, Ld. Counsel for the Applicant submits that she has filed Form-D vide Diary No.4386 dated 24.08.2023. The same is taken on record. Hence, she is not pressing the instant Application as it become infructuous.
4. Accordingly, I.A.No.635/2023 is disposed of.
-Sd- -Sd-
(MANOJ KUMAR DUBEY) (K. BISWAL)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Anishma
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