In an appeal regarding a decree against a respondent company and its directors, the Tribunal noted that the claim against the directors has been settled. The respondent company is under liquidation, and the liquidator has not appeared. The matter was posted for a future hearing.
Postponed for hearing on 02.11.2022.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson Appeal No. 171/2016
Between
ICICI Bank Ltd. … Appellant/s V/s.
Kulkarni Engineering Associates Ltd & Ors. … Respondent/s Ms Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Appellant.
Mr Puneet Gogad, i/b Ms Sonali Jain, Advocate for Respondent Nos. 2 and 3.
-: Order dated: 12/09/2022: -
The learned counsel appearing for the Appellant agrees that claim as against the Respondent Nos.2 and 3, who are the Directors of the first Respondent Co., has been settled and that there is no existing claim against them. The first Respondent Company, is, however, under liquidation and the Liquidator has been served with notice but none has appeared for the Liquidator.
Hence, post on 02.11.2022 for hearing.
dpj-18
1
1 issue framed by the court
Whether the appeal against the decree against the respondent company and its directors is maintainable when a settlement has been reached with the directors and the company is under liquidation.
ICICI Bank Ltd.
Kulkarni Engineering Associates Ltd & Ors.
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
