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2022 Supreme(SC) 1548

INDIRA BANERJEE, V. RAMASUBRAMANIAN
S. S. Engineers – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent


Advocates appeared:
Mr. Ratnanko Banerjee, Sr. Advocate, Mr. Sanjeev Sen, Sr. Advocate, Ms. Poonam Verma, Advocate, Mr. Sidharth Sethi, Advocate, Ms. Sakshi Kapoor, Advocate, Mr. Avinash Das, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Sanjay Kapur, Advocate, Ms. Megha Karnwal, Advocate, Mr. Arjun Bhatia, Advocate, For the Respondent.

ORDER

1. This appeal is against a judgment and order dated 10th January, 2022 passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi allowing Company Appeal (AT)(Insolvency) No. 332 of 2020 filed by the Respondent No.1 Hindustan Petroleum Corporation Limited (HPCL) and setting aside the order dated 12.02.2020 passed by the National Company Law Tribunal (NCLT), Kolkata, admitting an application filed by the appellant under Section 9 of the Insolvency and Bankruptcy Code (IBC) as Operational Creditor, for initiation of the Corporate Insolvency Resolution Process (CIRP) against HPCL Biofuels Ltd. (HBL), a wholly owned subsidiary of HPCL. The NCLAT directed the Adjudicating Authority NCLT to close the proceedings for CIRP initiated against HBL.

2. On or about 15.11.2018, the appellant filed an application for initiation of CIRP against HBL under Section 9 of the IBC in the Kolkata Bench of the NCLT. On 07.03.2019, HBL filed its reply to the said application made by the appellant and the appellant also filed a rejoinder thereto.

3. By an order dated 12.02.2020, the Adjudicating Authority (NCLT) admitted the application for initiation of CIRP filed by the appellan

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