The NCLT Kolkata Bench granted the Liquidator of ESS Dee Aluminium Limited an extension of six months to the liquidation period and excluded 38 days from the timeline, resulting in a new completion date of 15/05/2023.
Exclusion of 38 days from the liquidation period and an extension of the liquidation period by six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, Court II KOLKATA
IA(IBC)1710(KB)2022 In CP(IB)1284(KB)2019
An application under section 35(1)(n) of the Insolvency and Bankruptcy Code, 2016 read with regulation 44(2) of the IBBI (Liquidation Process) Regulations, 2016;
| In the matter of: | ||
|---|---|---|
| State Bank of India | Versus | …. Financial Creditor |
| ESS DEE Aluminium Limited | ||
| (In Liquidation) | And | ….Corporate Debtor |
| In the matter of: | ||
| Deepika Bhurga Prasad, | ||
| Liquidator of ESS DEE Aluminium ….Applicant |
Limited | |
| Coram: | ||
| Smt. Bidisha Banerjee | : Member (Judicial) |
|
| Shri Balraj Joshi Appearances through hybrid mode: |
: Member (Technical) |
|
| For applicant in IA/800/2022 : |
Mr. Mr. Mr. Mr. |
Ratnanko Banerji, Sr. Adv. Rajarshi Dutta, Adv. Debargha Basu, Adv. Shounak Mukherjee, Adv. |
| For Liquidator : |
Mr. Mr. Mr. Ms. |
Aditya Gauri, Adv. Dhananjaya Sud, Adv. Amar Vivek, Adv. Shalya Agarwal, Adv. |
| Mr. | Chaitanya Bansal, Adv. |
Page 1 of 4
IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, Court II KOLKATA
IA(IBC)1710(KB)2022 In CP(IB)1284(KB)2019
| ---------------------------------------- | --------------------------------------------------------------------------- Ms. Damini Srestha, Adv. Mr. Abhinav Tyagi, Adv. |
|---|---|
| For IDBI Bank Ltd. | : Ms. Urmila Chakraborty, Adv. Mr. Duttasoam Bhattacharyya, Adv. |
| For respondent in IA/199/2022 | : Mr. Anando Mukherjee, Adv. Mr. Shewtank Singh, Adv. |
| Date of Hearing: 04/01/2023 | |
| Date of Pronouncement: 17 /01/2023 |
O R D E R
Per: Bidisha Banerjee , Member (Judicial)
Page 2 of 4
IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, Court II KOLKATA
IA(IBC)1710(KB)2022 In CP(IB)1284(KB)2019
13/03/2022 followed by a subsequent sale notice dated 16/03/2022 and 05/04/2022. At the auction M/s Lucky Holdings emerged as H-1 Bidder.
Page 3 of 4
IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, Court II KOLKATA
IA(IBC)1710(KB)2022 In CP(IB)1284(KB)2019
Balraj Joshi Member (Technical)
Bidisha Banerjee Member (Judicial)
Signed on this, the 17th day of January, 2023.
hb.
Page 4 of 4
2 issues framed by the court
Whether the period of 38 days could be excluded from the liquidation timeline due to a withdrawn intervention?
Whether the liquidation period should be extended by six months to complete the process?
2 provisions across 2 enactments
Deepika Bhurga Prasad
Bidisha Banerjee
Balraj Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
