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2022 Supreme(Mad) 2250

T. RAJA, D. BHARATHA CHAKRAVARTHY
Sharon Solutions Limited, Chennai – Appellant
Versus
Edelweiss Asset Reconstruction Company Limited, Mumbai – Respondent


Advocates appeared:
For the Appellant:Sathish Parasaran, Senior Counsel for M/S. Subhang Nair & Pavitra Venkateswaran, For the Respondents:R1, S. Ravi, Indumathi Ravi, Advocate.

JUDGMENT

T. Raja, J.

1. M/s.Sharon Solutions Limited, Alandur, Chennai, has filed this appeal challenging the impugned fair and decreetal order passed by the learned Single Judge in C.A.No.575 of 2018 in C.P.No.14 of 2014, dated 15.02.2019, in and by which, the application filed by the Edelweiss Asset Reconstruction Company Limited/third party/first respondent herein seeking to permit them to initiate a Corporate Insolvency Resolution Process (CIRP) before the National Company Law Tribunal (NCLT), Chennai, under Section 7 of the Insolvency and Bankruptcy Code against M/s.Sharon Solutions Limited was allowed holding that there is no need for the applicant to seek leave of the Court to approach the NCLT which is automatic and therefore, the High Court cannot usurp the power of the NCLT from proceeding with the matter.

2. Mr.Sathish Parasaran, learned Senior counsel appearing for the appellant Company would submit that when the order of admittance of winding up under the provisions of the Companies Act, 1956, is in existence, the appellant Company cannot now be subjected to fresh proceeding under a separate statute. The finding given by the learned Single Judge that simultaneous proceedi

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