Allowed

In the matter of Dewan Housing Finance Corporation Limited Ia No. 257 & 2843-2021 in CP(IB)4258-MB-C-II-2019

NCLT9 Feb 2023

Case brief

AI extract

What is this about?

The Applicant sought to amend the memorandum of parties in IA 257 of 2021 by substituting their name in place of the erstwhile Administrator, Mr. Subramaniakumar. Relying on a similar issue previously dealt with in IA 2852 of 2021, the Tribunal allowed and disposed of the application.

What did the court decide?

Application IA 2843 of 2021 allowed and disposed of; memorandum of parties in IA 257 of 2021 amended to substitute applicant's name.

In the matter of Dewan Housing Finance Corporation… — Insolvency and Bankruptcy | NCLT (2023)

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IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT II

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IA.No.2843/2021 IN IA 257/2021 IN CP(IB)4258/MB/C-II/2019

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Under Rule 11 of the National Company Law Tribunal Rules, 2016

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Application under Section 60(5) of the Insolvency & Bankruptcy Code, 2016

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…. Applicant

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In the matter of Piramal Capital & Housing Finance Limited (Formerly known as Dewan Housing Finance Corporation Limited

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Having its registered office at Warden House, 2^nd Floor, Sir P M Road, Fort, Mumbai, Maharashtra-400 001 And

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National Office at 6^th Floor, HDIL Towers, Anant, Kanekar Marg, Station Road, Bandra (East), Mumbai, Maharashtra-400051.

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Applicant

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V/s

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Mr. Kapil Wadhawan & Ors.

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An Indian Inhabitant, Ex-Chairman and Managing Director of Dewan Housing Finance Corporation Ltd., having its registered address at 23, Sea View Palace Pali Hill, Bandra (West) Mumbai 400050

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… Respondents

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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT II IA.No.2843/2021 In IA.No.257/2021 In CP(IB)4258/MB/C-II/2019

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In the matter of

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R. Subramaniakumar

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…. Applicant

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V/s Kapil Wadhawan & Ors.

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…… Respondents In the matter Between

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Reserve Bank of India

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… Financial Sector Regulator V/s

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Dewan Housing Finance Corporation Limited … Debtor/Financial Service Provider

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Order delivered on: 09.02.2023

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Coram:

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Hon’ble Member (Judicial) : Justice P. N. Deshmukh (Retd.) Hon’ble Member (Technical) : Mr. Shyam Babu Gautam

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Appearances:

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For the Applicant : Ms. Chitra Rentala, Advocate For the Respondent : Sr. Counsel, Mr. JP Sen a/w Mr. Vishesh Malviya

ORDER

Per: CORAM

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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT II IA.No.2843/2021 In IA.No.257/2021 In CP(IB)4258/MB/C-II/2019

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The present Application IA 2843 of 2021 has been filed by the Applicant seeking amendment of the memorandum of parties in the IA 257 of 2021 and all necessary consequential amendments to the IA 257 of 2021.

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The Applicant has also prayed to substitute its name “Piramal Capital & Housing Finance Limited” to be substituted in place of the erstwhile Administrator, Mr. Subramaniakumar.

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