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S.J.MUKHOPADHAYA, BANSI LAL BHAT
Dynepro Private Limited – Appellant
Versus
V. Nagarajan – Respondent
JUDGMENT :
SUDHANSU JYOTI MUKHOPADHAYA, J.
A Corporate Insolvency Resolution Process was initiated against ‘M/s Cethar Limited’ (Corporate Debtor) when Mr. V. Nagarajan was appointed as Resolution Professional. In the said resolution process CA/65/IB/2018 was filed by ‘M/s Dynepro Pvt. Ltd.’ (Appellant in Company Appeal (AT) (Insolvency) No. 229 of 2018) with following prayer:-
“(a) Direct the Resolution Professional i.e., the Respondent herein who is representing the Corporate Debtor to release the materials received by the Corporate Debtor vide Inward Inspection Certificate dated 05.05.2017 vide IR No. 1/U5/R/001 to 007 to the Applicant herein;
(b) To restrain the Resolution Professional (i.e.) the Respondent herein from acting as the Resolution Professional in respect of the Corporate Debtor (M/s Cethar Limited) in so far as the Applicant is concerned without the leave of this Hon’ble Tribunal pending disposal of the criminal complaint lodged against him before the Inspector of Police, Law and Order, Cantonment – Tiruchirappalli under CSR No. 29/2018. ”
2. It was submitted on behalf of the Applicant ‘M/s Dynepro Pvt. Ltd.’ that the material belongs to them which was sent to the Corpo
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