ORDER SHEET OF THE HEARING HELD ON 16.01.2024
NAME OF THE PARTIES: Catalyst Trusteeship Limited Vs.
Mr. Kishore Biyani
SECTION: 95(1), 154(1) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016. Rule 11 of NCLT, 2016.
O R D E R
IA-154(MB)2024
1. Ms. Aditi Deshpande i/b JSA, Ld. Counsel for the Applicant present. None present for the Respondent.
2. The present Application filed by the Applicant under Rule 11 r/w Rule 154 of NCLT Rules, 2016 seeking following reliefs:
a. "Rectify the error in paragraph 2 of the order to record the correct name of the Respondent, as detailed in paragraph 7 above;
b. Rectify the error in appearance of the advocates for the Applicant as recorded in the order, as detailed in paragraph 8 above;
c. Direct the Resolution Professional to examine the captioned Company Petition within 10 days from the rectified order and submit its report to this Hon'ble Tribunal recommending for approval or rejection of the Company petition; and
d. Pass such order or orders as this Hon'ble Tribunal deems fit in the circumstances of the case in the interest of justice."
3. Counsel for the Applicant submits that in the order dated 08.12.2023 passed in the C.P. (IB)/1088(MB)2021 by this Bench in the page 1, para 2,
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the name of the Respondent is inadvertently recorded as "Mr. Vinod Goenka" instead of "Mr. Kishore Biyani" and correct the appearance of the Applicant. We have perused the records and pass the corrigendum to order dated 08.12.2023.
i. The name of the Respondent, on Page 1, Para 2 of the order, "Mr. Vinod Goenka" stands rectified and be read as "Mr. Kishore Biyani".
ii. As per prayer clause 'b', the appearance of the Applicant stands rectified and be read as "Ms. Aditi Deshpande a/w Mr. Ahsan Allana i/b JSA for Petitioner".
4. The Resolution Professional is directed to submit its report to the Adjudicating Authority within 10 days of receipt of this rectified order.
5. With the above rectification/modification in the order dated 08.12.2023, IA-154/2024 is disposed of.
6. This order shall be treated as part and parcel of the order dated 08.12.2023. Rest of the order remains unaltered.
Sd/- Sd/-
ANU JAGMOHAN SINGH KISHORE VEMULAPALLI
Member (Technical) Member (Judicial)
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