Allowed

In the matter of Krishna Premium Care Services LLP [Ia (Ibc) 1212, 1125, 1614, 1613, 1610 & 1609/2023 in Cp(Ib) No. 63/9/HDB/2022]

NCLT13 Oct 2023IA (IBC) 1212, 1125, 1614, 1613, 1610 & 1609/2023 in CP(IB) No. 63/9/HDB/2022

Case brief

AI extract

What is this about?

The Tribunal disposed of multiple interim applications under IBC, including setting aside ex parte orders for two creditors and allowing a substitution of the Liquidator for the RP, with directions for further procedural compliance.

What did the court decide?

Ex parte orders set aside; liberty granted to file rejoinder; substitution of Liquidator allowed; fresh notice directed to Respondents 2-4.

In the matter of Krishna Premium Care Services LLP [Ia… — Insolvency and Bankruptcy | NCLT (2023)

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S.No.17

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IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON 13-10-2023 AT 10:30 AM

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IA (IBC) 1212, 1125, 1614, 1613, 1610 & 1609/2023 in CP(IB) No. 63/9/HDB/2022 u/s. 9 of IBC, 2016

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IN THE MATTER OF: PMC YM-Pharma Pvt Ltd

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…Operational Creditor

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Krishna Premium Care Services LLP

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…Corporate Debtor

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C O R A M:-

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DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL) SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

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O R D E R

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IA (IBC) 1609/2023

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This is an application filed by the Respondent No.1 in IA.No.1125/2023 to set aside the exparte Order dated 11.09.2023. Notice given, counter not filed, orally opposed. It is stated on the ground that as the authorized signatory is unwell, hence Vakalath and Counter not filed on that day. Considering the reasons and as the Counter in IA.No.1125/2023 is filed along with this application, this Application is allowed.

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Order dated 11.09.2023 is hereby set aside by giving liberty to the applicant to file Rejoinder if any in IA.No.1125/2023 within 10 days, lest chance closed.

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IA (IBC) 1610/2023

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This is an application filed by the Respondent No.2 in IA.No.1125/2023 to set aside the exparte Order dated 11.09.2023. Notice given, counter not filed, orally opposed. It is stated on the ground that as the authorized signatory is unwell, hence Vakalath and Counter not filed on that day. Considering the reasons as the Counter in IA.No.1125/2023 is filed, along with this application, this Application is allowed.

Contd…P.2

Sridher

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Order dated 11.09.2023 is hereby set aside by giving liberty to the applicant to file Rejoinder if any in IA.No.1125/2023 within 10 days, lest chance closed.

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IA (IBC) 1613/2023 & IA (IBC) 1614/2023

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This is an application filed by the Ld. Liquidator to substitute the Liquidator in place of the RP, consequent to the replacement of the RP as Liquidator. Application is allowed. Let the application be amended appropriately within one week from today and neat copy be filed within a week thereafter. In default this application stands dismissed. After filing the neat copy, let the same be served on the contesting Respondents. With these directions, IA.No.1613/2023 & 1614/2023 allowed.

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IA (IBC) 1125/2023

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Counter of Respondent No.1 and 2 received as per the order in IA.No. 1609/2023 and 1610/2023. For hearing posted to 10.11.2023.

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IA (IBC) 1212/2023

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It is now found from the record that except the 1^st Respondent there is no representations of Respondent Nos. 2 to 5. Though the Counsel for the Applicant submits service of notice yet nothing is on record to show that Respondent Nos.2 to 4 were served. Therefore, let fresh notice be taken to Respondent Nos. 2 to 4. In the meanwhile, for counter posted to 10.11.2023.

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Sd/- MEMBER (T)

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Sd/- MEMBER (J)

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Sridher

In the matter of Krishna Premium Care Services LLP [Ia (Ibc) 1212, 1125, 1614, 1613, 1610 & 1609/2023 in Cp(Ib) No. 63/9/HDB/2022]

Case brief

What is this about?

What did the court decide?

In the matter of Krishna Premium Care Services LLP [Ia (Ibc) 1212, 1125, 1614, 1613, 1610 & 1609/2023 in Cp(Ib) No. 63/9/HDB/2022]

Case brief

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