The Tribunal disposed of the winding-up petition under Section 7 of the IBC, 2016. It directed the IRP/RP to examine the Financial Creditor's claim expeditiously following the Corporate Debtor's admission into CIRP.
Claim to be examined before IRP/RP expeditiously; petition disposed of.
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S.No.14
IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON 15-09-2023 AT 10:30 AM
CP(IB) No. 401/7/HDB/2022
u/s. 7 of IBC, 2016
IN THE MATTER OF: M/s. Mark & Steve Engineering Pvt Ltd
…Financial Creditor
VS
Karvy Data Management Services Ltd
…Corporate Debtor
C O R A M:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL) SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)
O R D E R
Ld. Counsel Mr. VVSN Raju for the Financial Creditor and Ld. Counsel Ms. S. Mrudula for the Corporate Debtor present.
Since the Corporate Debtor/Respondent herein has been admitted into CIRP vide order dated 15.09.2023 in CP No.25/7/HDB/2022, we leave it open to the petitioner herein to raise the claim before the IRP/RP as per the procedure under the IB Code and the IRP/RP is directed to examine the same as per the provisions of the Code, as expeditiously as possible and communicate the outcome to the Petitioner.
Further, it is ordered that in the event the CIRP order passed in CP No.25/7/HDB/2022, is set aside, or the parties therein resolve the matter amicably and withdraw the said Company Petition, the petitioner herein, is at liberty to approach this Tribunal in accordance with law.
With these directions this Company Petition is disposed of. As Company Petition is disposed of IAs if any pending stands disposed of.
SD/- SD/- MEMBER (T) MEMBER (J)
Apoorva
1 issue framed by the court
Whether the claim of the Financial Creditor should be examined before the IRP/RP after the CIRP admission of the Corporate Debtor.
1 provisions across 1 enactments
M/s. Mark & Steve Engineering Pvt Ltd
Karvy Data Management Services Ltd
Venkata Ramakrishna Badarinath Nandula
Charan Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
