NCLT dismissed application filed by the corporate debtor seeking leave to advance supplementary arguments and interim orders, ruling that the application is rendered inconsequential due to prior orders.
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In the National Company Law Tribunal Division Bench, (Court-II), Kolkata
IA (IB) No. 1577/ (KB) /2023 In CP No. 634/( KB) /2020
Application under Section 60(5) of IBC, Code 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016;
In the Matter of:
L&T Finance Limited, having its registered office at Technopolis, 7th Floor, A Wing, Plot No. 4, Block – BP, Sector V Slat Lake, Kolkata – 700 091;
Pheonix ARC Private Limited having its registered office at Dani Corporate Part, 5th Floor, 158 CST Road, Kalina, Santacruz (E ), Mumbai – 400 098, acting in the capacity as Trustee of Phoenix Trust FY 22-16;
…Financial Creditor
Vs.
EMTA Coal Limited, having its registered office at 5B, Nandlal Basu Sarani, Kolkata – 700 071.
…Corporate Debtor
And
In the matter of:
EMTA Coal Limited, having its registered office at 5B, Nandlal Basu Sarani, Kolkata – 700 071.
Applicant …
Vs.
Pheonix ARC Private Limited having its registered office at Dani Corporate Part, 5th Floor, 158 CST Road, Kalina, Santacruz (E ), Mumbai – 400 098, acting in the capacity as Trustee of Phoenix Trust FY 22-16;
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In the National Company Law Tribunal Division Bench, (Court-II), Kolkata IA (IB) No. 1577/ (KB) /2023 In CP No. 634/( KB) /2020 ….Respondent
Date of Pronouncement of order: 16.04.2024
Coram:
Smt. Bidisha Banerjee : Member (Judicial) Shri D. Arvind : Member (Technical)
Counsel appeared physically / through video Conferencing
Mr. Aariya Hasan, Adv. ] For the proposed Financial Creditor Mr. Mayukh Roy, Adv.
Mr. Jishnu Chowdhury, Adv. ] For the Corporate Debtor Mr. Zeeshan Haque, Adv. ] Mr. Tanay Agarwal, Adv. ] Mr. Ram Maroo, Adv.
O R D E R
Per Bidisha Banerjee, Member (Judicial):
4. In view of the order passed in IA (IB)504/KB/2022 & IA (IB)1371/KB/2023, this application has been filed to advance an argument supplementary to what was argued in the course of hearing on 12.09.2023 in IA (IB)504/KB/2022 & IA (IB)1371/KB/2023, therefore, this IA (IB) No. 1577/ (KB)
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In the National Company Law Tribunal
Division Bench, (Court-II), Kolkata
IA (IB) No. 1577/ (KB) /2023 In CP No. 634/( KB) /2020
/2023 becomes inconsequential and is accordingly
dismissed.
D. Arvind Member (Technical)
Bidisha Banerjee, Member (Judicial)
Signed on this the 16th day of April, 2024
M. Jana (P.S.)
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EMTA Coal Limited
Phoenix ARC Private Limited
Bidisha Banerjee
D. Arvind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
