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...1. The only reason why the withdrawal was not allowed, though agreed to by the Corporate Debtor as well as the Financial Creditor-State Bank of India and the Operational Creditor-Respondent No. 3, is because Regulation 30A states that withdrawal cannot be permitted after issue of invitation for expression of interest.2. According to us, this Regulation has to be read along with the main provision Section 12A which contains no such stipulation.3...
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...and Bankruptcy Code, 2016 (hereinafter referred to as I&B Code) against Canbuild Precast Solutions (India) Pvt. Ltd., which was admitted on 19th April, 2018. In the said case, application under...incurred by the Resolution Professional, which will be paid by the Corporate Debtor (Canbuild Precast Solutions Pvt. Ltd.) within two weeks from the date of the decision. 6. The appeal... 2. Similar issue fell for consideration before the Honble Supreme Court in Brilliant Alloys Private Limited vs. Mr. S. Rajagopal & Ors. Special Leave...
...approval or rejection by the Adjudicating Authority. Similar view has been expressed by Honble Supreme Court in Arcelormittal India Pvt. Ltd. Vs...Code) for initiation of Corporate Insolvency Resolution Process against Mintri Tea Company Pvt. Ltd.. The application was admitted and single member Committee of Creditors comprising of Punjab National...Bank was constituted in absence of any other financial creditor. The Appellant Krishna Kumar Mintri, shareholder of Mintri Tea Company Pvt. Ltd. (Corporate Debtor) negotiated with Punjab National...
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...Ltd. is concerned, since majority of the CoC approving for the withdrawal, the Ld. Counsel has argued that the withdrawal may be permitted. Also, informed that although there was an advertisement, no...Supreme Court in the case of Brilliant Alloys Private Limited v. Mr. S. Rajagopal & Ors. Order dated 14.12.2018 wherein the provision of Section 12A were discussed and ap...1. MA 1930/2019: This is an Application filed on 28.05.2019 by Resolution Professional for an order u/s 12A seeking permission for withdrawal of the Company Petition No.: CP(IB...
...Corporate Debtor Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt. 28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri Martin S.K. Golla was appointed as...
...:
Kone Elevator India Pvt. Ltd. …. Operational Creditor Vs.
Chandigarh Overseas Pvt. Ltd. ..... Corporate Debtor
Under Section 60(5), of the..., Sector 44, Noida, Uttar Pradesh - 201301 ……Applicant/Intervener Vs.
Sh.Arvind Kumar, Resolution Professional
of M/s Chandigarh Overseas Pvt. Limited...) Brilliant Alloys Private Limited v. Mr. S. Rajagopal & Ors., 20187 ibclaw.in 35 SC.
...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin...financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was...: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are reproduced...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin...financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was...: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are reproduced...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin...financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was...: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are reproduced...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin S.K.Golla...recovery of the financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the.... Respondent: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin...financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was...: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are reproduced...
...Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was declared and Shri.Martin...financial credit extended to the Corporate Debtor M/s. Brilliant Alloys Private Limited vide order No. CP/582/(IB)/CB/2017 dt.28.09.2017 the moratorium under Sec. 14 of the IBC 2016 was...: State Bank of India and Ors. Sanjeev Shriya and Ors. Vs. State Bank of India and Ors. (06.09.2017 - ALLHC) : MANU/UP/2243/2017 The operative portion of Hon'ble High Court's orders are reproduced...
...Brilliant Alloys Pvt. Ltd. v. Mr. S. Rajagopal (SLP (civil) No. 31557/2018) relying upon Section 12A of IB Code and Regulati...Authority can accept it in the interest of justice by following the above referred decisions of Hon'ble Supreme Court in Swiss Ribbons v. Union of India and Brilliant Alloys Pvt. Ltd. v. Mr. S. ...Manorama Kumari, Member (Judicial):— Learned PCS, Mr. Vinit Nagar appeared on behalf of the IP.2. The present application is filed under Section...
.... Finally, it was contended that a recent judgment of this Court in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Pvt. Ltd. had...time-periods in the IBC are merely directory and not mandatory as per Brilliant Alloys Private Limited v. Mr. S. Rajagopal, ...M/s KST Infrastructure Private Limited (hereinafter referred to as ‘the Corporate Debtor’), for development of land licensed with the appellant admeasuring 8 acres into a residential group housing...
...Private Ltd. (Corporate Debtor/ Corporate Debtor RP)
Through
Mr. Manohar Lal Vij
Resolution Professional
3. Reliance.... :
1. The Appellant - Mr. Jai Kishan Gupta, Director of Suspended Board of Respondent No.2 (Corporate Debtor) - Aadhar Shri Infratech Private Ltd. has filed this Appeal against two...Capital ltd. --- Respondent No.3
"H" Block 1stFloor, Dhirubhai Ambani Knowledge City Koparkhairne Navi Mumbai 400710
For Appellant: Mrs. Tania Sharma and...
...) Brilliant Alloys Pvt. Ltd. Vs. S. Rajagopal & Ors. Special Leave to Appeal (c) No (s). 31557/2018 order dated...inherent power and allow or disallow an Application for withdrawal or settlement.
8. Hon'ble Supreme court in the case of Brilliant Alloys Pvt. Ltd. (Supra) held that...
Tribunal. (i) Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors (2019) 4 SCC 17 (ii...