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2019 Supreme(NCLAT) 444

S.J.MUKHOPADHAYA, BANSI LAL BHAT
S. C. Sekaran – Appellant
Versus
Amit Gupta – Respondent


Advocates Appeared:
For the Appellant : Mr. Sumant Batra and Ms. Priyanka Anand, Advs.
For the Respondents:Mr. Mehul Parti and Ms. Swati Seth, Advocates for R.P., Mr. V. Seshagiri and Mr. Adhish Rajvanshi, Advs.

ORDER :

1. These appeals have been preferred by the management of ‘Hindustan Dorr-Oliver Limited’ (Corporate Debtor) and ‘HDO Technologies Limited’ (the other Corporate Debtor) against orders both dated 25th June, 2018 whereby and whereunder the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench passed orders of liquidation under Section 33(1) of the Insolvency and Bankruptcy Code, 2016 (for short, ‘the I&B Code’) of both the companies with certain directions to the liquidator.

2. Earlier two separate appeals were preferred by ‘resolution applicants namely ‘Eight Finance Pvt. Ltd.’ and ‘Pennar Industries Ltd.’ in respect of the ‘corporate insolvency resolution process’ initiated against ‘Hindustan Dorr-Oliver Limited’ (Corporate Debtor) and ‘HDO Technologies Limited’ (other Corporate Debtor) wherein opportunity was given to them to submit better revised resolution plans and the ‘Committee of Creditors’ were directed to consider them. Subsequently, the ‘resolution applicants’ namely ‘Eight Finance Pvt. Ltd.’ and ‘Pennar Industries Ltd.’ withdrawn their appeals. In the aforesaid background and there being no ‘resolution plan’, we are not inclined to interfere with the

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