Allowed

In the matter of McNally Bharat Engg Co. Limited IA(I.B.C)-345(KB)2022 in C.P (IB)-180(KB)2020

NCLT18 May 2022

Case brief

AI extract

What is this about?

The National Company Law Tribunal, Kolkata Bench allowed the applicant to change its name from BRGD Ingot Private Limited to HMB Ispat Private Limited in an application under Section 9 IBC. The Court also disposed of a parallel application regarding claim revival.

What did the court decide?

Change of the applicant's name from BRGD Ingot Private Limited to HMB Ispat Private Limited allowed; the other application disposed of with direction to file claim in the relevant CIRP.

In the matter of McNally Bharat Engg Co. Limited… — Insolvency and Bankruptcy | NCLT (2022)

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DIVISION BENCH COURT - II

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NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH KOLKATA

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C.P. (IB)/180(KB)2020 IA(I.B.C)/345(KB)2022

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CORAM: 1. HON’BLE MEMBER(J), SHRI ROHIT KAPOOR 2. HON’BLE MEMBER(T), SHRI HARISH CHANDER SURI

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ATTENDANCE-CUM-ORDER SHEET OF THE HEARING ON 18^TH MAY, 2022, 10:30 A.M

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	BRGD INGOT PRIVATE LIMITED
IN THE MATTER OF	VS M/S. MCNALLY BHARAT ENGINEERING CO. LIMITED
UNDER SECTION	IBC UNDER SEC 9

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Counsel / Authorised Representative appeared physically/through video conference:

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For OC : Mr. Rajeev Kumar Jain, Adv. Mr. Abhirup Chakraborty, Adv.

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O R D E R

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Ld. Counsel for the Operational Creditor present.

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IA(IBC)/345(KB)2022

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(a) This application has been moved by the Operational Creditor seeking change of the name of the Operational Creditor from BRGD Ingot Private Limited to HMB Ispat Private Limited. It is submitted that resolution has been passed in the Extra Ordinary General Meeting of the shareholders held on 27/09/2021 for change of name and the change of name has already been effected in the record of the Registrar of Companies, West Bengal vide Certificate of Incorporation issued on 03/11/2021.

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(b) In view of the averments made in the IA and submissions made by the Ld. Counsel for the Operational Creditor in Court, name of the Operational Creditor is allowed to be changed to HMB Ispat Private Limited. The Operational Creditor may file amended memo of parties within two days.

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3. CP(IB)/180(KB)2020

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(a) Vide order dated 29/04/2022 passed in CP(IB)/891(KB)2020, the Corporate Debtor herein has already been admitted under the CIRP by Bench No. 1 of this Adjudicating Authority. In view of this, CP(IB)/180(KB)2020 cannot be continued. The Operational Creditor, in this petition, may file its claim before the IRP/RP appointed in CP(IB)/891(KB)2020. In case, there is any settlement between the parties in CP(IB)/891(KB)2020, the Operational Creditor herein may make an application for revival of the CP(IB)/180(KB)2020.

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(b) With the above directions CP(IB)/180(KB)2020 is disposed of.

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Harish Chander Suri Member (Technical)

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Rohit Kapoor Member (Judicial)

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hb.

In the matter of McNally Bharat Engg Co. Limited IA(I.B.C)-345(KB)2022 in C.P (IB)-180(KB)2020

Case brief

What is this about?

What did the court decide?

In the matter of McNally Bharat Engg Co. Limited IA(I.B.C)-345(KB)2022 in C.P (IB)-180(KB)2020

Case brief

What is this about?

What did the court decide?

What the court decided

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