Sudha Sarma Vs North East Frontier Railway (Cons Organisation) and Anr.

The application is filed by the applicant, namely, Ms. Sudha Sarma, liquidator appointed for Nayak Infrastructure Private Limited, seeking substitution in the Arbitration Petition in place of the suspended Managing Director, Shri Ananta Charan Nayak as the representative of the Petitioner Company.

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Arbitration Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 was filed by the company, namely, Nayak Infrastructure Private Limited who was represented in the said proceedings by the Managing Director Sri Ananta Charan Nayak, resident of Swarupananda Road, Lumding in the district of Nagaon. Pursuant to the proceedings initiated under the Insolvency and Bankruptcy Code, 2016 IB Petition was filed by a financial creditor, stood admitted with the directions contained in the order dated 26.08.2021. Subsequently, an application was filed for initiation of the Liquidation of the Company who was the corporate debtor and by order dated 11.12.2023 the National Company Law Tribunal (NCLT), Guwahati, allowed the application filed and ordered liquidation of the Company with certain directions contained at Paragraph 11 of the said Order. The Applicant, Ms. Sudha Sarma, having IBBI registration No.IBBI/IPA-002/IP-N01251/2022-2023/14266 and having address at SUDHA and Associates, 18, MRD Road, Bumunimaidam, Guwahati-781021 is appointed as the liquidator of the corporate debtor company, namely, the petitioner’s company by the NCLT Guwahati. On the initiation of the liquidation

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process, it is the Liquidator appointed by the NCLT, Guwahati, who is authorized to initiate or continue any suit or any legal proceedings which was earlier instituted in the name of the Company. The applicant, therefore, has filed this application in her capacity as the Official Liquidator appointed by order dated 11.12.2023 as the representative of the Corporate Debtor, namely, the Company in liquidation to represent the said company in the present proceedings.

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Mr. K Gogoi, learned CGC appearing for the respondents NF Railway does not object to the prayer made.

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The submissions made by the learned counsel appearing for the applicant has been considered. The order dated 11.12.2023 passed by the NCLT Guwahati, has been perused. It is seen that the applicant, namely, Ms. Sudha Sarma has been appointed as the Official Liquidator as the liquidation proceedings have been ordered to be initiated by the NCLT Guwahati. Accordingly, under the provisions of the Companies Act, 2013 that read with the provisions of the Insolvency and Bankruptcy Code, 2016, the applicant is the only authorized entity to represent the Company in liquidation. Accordingly, the prayer made in the Interlocutory Application stands allowed.

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The applicant, namely, Ms. Sudha Sarma is in her capacity as the Official Liquidator will be as the representative of the Nayak Infrastructure Private

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Limited (in liquidation) in term of the order dated 11.12.2023 passed by the

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National Company Law Tribunal (NCLT), Guwahati Bench, Guwahati, and henceforth, shall represent the Company in liquidation in Arb. Petition No.40/2020.

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Interlocutory Application stands disposed of.

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The petitioner will take steps for filing amended cause title before the Registry

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within period of 1 (one) week from today.

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JUDGE

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Comparing Assistant

Sudha Sarma v. North East Frontier Railway (Cons Organisation) and Anr.

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Sudha Sarma v. North East Frontier Railway (Cons Organisation) and Anr.

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