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2022 Supreme(SC) 514

B. R. GAVAI, HIMA KOHLI
Vallal RCK – Appellant
Versus
Siva Industries and Holdings Limited – Respondent


Advocates appeared:
For the Appellant(s) :Abhishek Manu Singhvi, P.H.Arvind Pandian, Ankur Kashyap, Ajith S.Ranganathan, Aavishkar Singhvi, Rohit Rajershi, Avinash Krishnan Ravi, Aman Bajaj, Aadarsh Prakash, Advocates
For the Respondent(s):Anish R. Shah, Abhishek Swaroop, Shashank Manish, Palash Agarwal, Advocates

JUDGMENT :

B.R. Gavai, J.

1. These appeals challenge the common judgment dated 28th January 2022 passed by the learned National Company Law Appellate Tribunal, Chennai Bench, Chennai (hereinafter referred to as the “NCLAT”) in Company Appeal (AT)(CH)(Insolvency) Nos. 211 and 212 of 2021, thereby dismissing the appeals filed by the present appellant, which were in turn filed, challenging the two orders dated 12th August 2021 passed by the learned National Company Law Tribunal, Division Bench-II, Chennai (hereinafter referred to as the “NCLT”), thereby rejecting the application filed by the Resolution Professional (“RP” for short) under Section 12A of the Insolvency and Bankruptcy Code, 2016 (“IBC” for short) read with Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (hereinafter referred to as the “2016 Regulations”), for withdrawal of the application filed under Section 7 of the IBC in view of the Settlement Plan submitted by the appellant. The appellant has also challenged the order passed by the learned NCLAT of the even date vide which the appeal filed by the present appellant against the order p


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