Sudah Sarma v. North East Frontier Railway and Anr.
Case brief
What is this about?
Gauhati High Court order dated 04.08.2025 by Justice Soumitra Saikia in I.A.(Civil)/2204/2025: substitution of NCLT-appointed liquidator Ms. Sudha Sarma for suspended Managing Director Shri Ananta Charan Nayak as representative of Nayak Infrastructure Private Limited (in liquidation) in pending Section 11(6) Arbitration Petition No. 33/2020 against North East Frontier Railway (Construction Organisation); holding that under Companies Act, 2013 read with Insolvency and Bankruptcy Code, 2016 the liquidator alone is authorized to represent a company in liquidation; prayer allowed, IA disposed of, amended cause title to be filed within one week; respondents unopposed (Mr. K Gogoi, learned CGC). Keywords: liquidator substitution, corporate debtor, arbitration petition representative, NCLT Guwahati liquidation order 11.12.2023.
What did the court decide?
Prayer for substitution allowed: Ms. Sudha Sarma, Official Liquidator (per NCLT order dated 11.12.2023), substituted as representative of Nayak Infrastructure Private Limited (in liquidation) in place of the suspended Managing Director in Arb. Petition No. 33/2020; petitioner directed to take steps for filing amended cause title before the Registry within one week.