Dismissed

In the matter of Hindusthan National Glass & Industries Ltd. C.P. (IB)-279(KB)2021

NCLT16 Nov 2021

Case brief

AI extract

What is this about?

The Division Bench of the National Company Law Tribunal, Kolkata Bench, dismissed a creditor's application as infructuous due to an ongoing CIRP and a pending NCLAT stay on COP constitution, granting liberty to claim against the IRP.

What did the court decide?

Application dismissed as infructuous; liberty granted to raise claim with IRP and file revival petitions post-NCLAT decision.

In the matter of Hindusthan National Glass & Industries… — Insolvency and Bankruptcy | NCLT (2021)

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DIVISION BENCH COURT - I

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S-2

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NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH KOLKATA

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C.P. (IB)/279(KB)2021

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Present: 1. Hon'ble Member(J), Shri Rajasekhar V.K. 2. Hon'ble Member(T), Shri Balraj Joshi

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ATTENDANCE-CUM-ORDER SHEET OF THE HEARING ON 16^th November, 2021, 10:30 A.M

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Name of the Company EDELW HIND Under Section	EISS ASSET RECONSTRUCTION CO Vs. USTHAN NATIONAL GLASS & INDUS IBC under Sec 7	MPANY LTD TRIES LTD.
Sl. No. Name & Designation of Authorized Representative (IN CAPITAL LETTERS)	Appearing on behalf of	Signature with Date
Appearances (via video conference) For Financial Creditor/ Applicant: Mr.Soorjya Ganguli, Advocate Ms.Pooja Chakrabarti, Advocate Ms. Kiran Sharma, Advocate

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ORDER

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Ld. Counsel for the Financial Creditor present.

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Vide order dated 21.10.2021 in CP(IB) No.369/KB/2020, CIRP already been initiated against the Corporate Debtor.

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However, we also note that an appeal has been filed by Members of the Suspended Board against the order of admission before the Hon’ble NCLAT which has stayed the constitution of the Committee of Creditors while allowing the IRP to continue in possession of the CD.

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At this stage C.P. (IB)/279(KB)2021 is dismissed as infructuous with liberty to the Financial Creditor to raise its claim with the IRP appointed in the matter and to file appropriate applications for revival company petition depending on the decision of the Hon’ble NCLAT regarding admission.

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(Balraj Joshi) (Rajasekhar V.K.) Member (Technical) Member (Judicial)

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In the matter of Hindusthan National Glass & Industries Ltd. C.P. (IB)-279(KB)2021

Case brief

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In the matter of Hindusthan National Glass & Industries Ltd. C.P. (IB)-279(KB)2021

Case brief

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