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2018 Supreme(Bom) 1604

S.B.SHUKRE
Murli Industries Limited – Appellant
Versus
Primo Pick N Pack Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shri S.V. Manohar, Shri H.V. Thakur, Shri K.P.S. Kohli, Shri H.R. Gadhia
For the Respondent No. 1: Shri A.C. Dharmadhikari, Dr Anjan De
For the Applicant-intervener : Shri M.G. Bhangde, Shri R.M. Bhangde, Shri S.P. Dharmadhikari, Shri S.N. Kumar
For the Workmen : Ms Vaishali Chhabra

JUDGMENT :

1. The applications being Company Applications Nos. 3, 15 & 4 of 2018 filed by the interveners are allowed, the applicants being interested persons or having stakes in the insolvency resolution process and liquidation of the Company before this Court, which is the Corporate Debtor before the National Company Law Tribunal.

2. Company Application No. 10 of 2017 : This application has been filed under Section 446 of the Companies Act, 1956 (for short the “Act of 1956) in Company Petition No. 6 of 2012 by the Resolution Professional on behalf of the Corporate Debtor, Murli Industries Limited, seeking leave to proceed with or continue with the ongoing Corporate Insolvency Resolution process of the Corporate Debtor under the Insolvency and Bankruptcy Code, 2016 read with rules and regulations framed thereunder, before the National Company Law Tribunal, Mumbai Bench. Similar applications under Section 446 of the Act of 1956 have been filed by the Resolution Professional being Company Applications No. 13 of 2017, 14 of 2017 and 15 of 2017 in connected Company Petitions.

3. The facts of the case, insofar as they are relevant for the present purpose, are stated in brief as follows :

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