This order dismisses an application filed by the suspended board promoter seeking permission to amend pleadings. The court held that since the primary application for which the amendment was sought was already dismissed, the amendment application stands dismissed.
Permission to amend pleadings in IA-5984/2022 was denied.
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, NEW DELHI COURT-III
Item No.05 IA-5984/2022 In IB-3370(ND)/2019 IN THE MATTER OF: Norvic Shipping North America Inc. ……. Operational Creditor Versus M/s. Sharda Ma Enterprises Pvt Ltd. ……. Respondent AND IN THE MATTER OF: Narender Jindal, Promoter & Members of the Suspended Board of Directors .... Applicant Versus HDFC Bank, Member of CoC & Ors. .... Respondent
SECTION U/s 9 IBC code 2016 Order pronounced on 16.06.2023
CORAM:
SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER (JUDICIAL) SHRI ATUL CHATURVEDI, HON’BLE MEMBER (TECHNICAL)
PRESENT: For the Applicant : For the Respondent : ORDER
Order pronounced in open court vide separate sheets.
IA-5984/2022 is dismissed .
Sd/Sd/(ATUL CHATURVEDI) (BACHU VENKAT BALARAM DAS) MEMBER (TECHNICAL) MEMBER (JUDICIAL)
IN THE NATIONAL COMPANY LAW TRIBUNAL NEW DELHI (COURT-III)
Order under Rule 11 of the National Company Law Tribunal Rules, 2016
IA-5984/2022
In
IB-3370/ND/2019
IN THE MATTER OF:-
Norvic Shipping North America Inc. ……. Operational Creditor
Versus
M/s. Sharda Ma Enterprises Pvt Ltd. ……. Respondent
AND
IN THE MATTER OF:
Narender Jindal, Promoter & Members of the Suspended Board of Directors .... Applicant
Versus
HDFC Bank, Member of CoC & Ors. .... Respondent
Pronounced on: 16.06.2023
CORAM:- SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER (JUDICIAL) SHRI ATUL CHATURVEDI, HON’BLE MEMBER (TECHNICAL)
APPEARANCE:-
For the Applicant : Mr. K.K.R. Das, Advocate For the SBI : Mr. Harshit Khare, Advocate for SBI For the HDFC Bank : Mr. Anand Singh Sengar, Advocate
ORDER
PER: BACHU VENKAT BALARAM DAS, MEMBER (JUDICIAL)
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IA-5984/2022 In IB-3370/ND/2019 Date of order 16.06.2023
Company seeking permission to the amend the pleadings in IA4704/2022.
Sd/-
Sd/-
(ATUL CHATURVEDI) (BACHU VENKAT BALARAM DAS) MEMBER (TECHNICAL) MEMBER (JUDICIAL)
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IA-5984/2022 In IB-3370/ND/2019 Date of order 16.06.2023
2 issues framed by the court
Whether an application for amendment of pleadings can be admitted when the primary application seeking the direction is already dismissed.
Whether Rule 11 of the National Company Law Tribunal Rules, 2016 applies to the admission of the amendment application.
2 provisions across 2 enactments
Narender Jindal
HDFC Bank
BACHU VENKAT BALARAM DAS
ATUL CHATURVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
