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2024 Supreme(Kar) 122

M. NAGAPRASANNA
Manyata Reallty, Represented herein by its Managing Partner Mr. Reddy Veeranna – Appellant
Versus
Registrar, National Company Law Tribunal – Respondent


Advocates Appeared:
For the Petitioner:Sri. Om Prakash, Senior Advocate a/w., Sri. C.K. Nandakumar, Senior Advocate for Sri. Vishwas N.
For the Respondents:Sri. H. Shanthi Bhushan, DSGI a/w., Smt. Anupama Hegde, CGC; Sri. M.S. Shyam Sundar, Senior Advocate a/w., Sri. Anish Acharya, Sri. S. Basavaraj, Senior Advocate.

ORDER :

The petitioner in W.P.No.26977 of 2023 is a firm - M/s Manyata Reality (‘the firm’ for short). Petitioners in W.P. No.27032 of 2023 and 27346 of 2023 are the Directors of the said firm. The common stream of challenge in all these petitions is filing of petition before the National Company Law Tribunal (‘the Tribunal’ for short) invoking Section 95 of the Insolvency and Bankruptcy Code (‘the Code’ for short).

2. Heard Sri C.K. Nandakumar and Sri Om Prakash, learned senior counsel appearing for the petitioners, Sri M.S. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent No.1 and Sri M.S. Shyam Sundar, learned senior counsel appearing for respondent No.2.

3. The petitioner/firm is a developer/Infrastructure Development business hub. On 23-12-2009 the firm enters into a memorandum of understanding between the land owners of certain properties with the 2nd respondent. The 2nd respondent is Buoyant Technology Constellation Private Limited (hereinafter referred to as ‘the Company’ for short). Between 2010 and 2015 the respondent/Company appears to have entered into distinct Joint Development Agreements on various dates for implementing the joint devel

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