S.J.MUKHOPADHAYA, A.I.S.CHEEMA, KANTHI NARAHARI
Jet Airways (India) Ltd. – Appellant
Versus
State Bank of India – Respondent
ORDER :
1. Pursuant to our directions, the Administrator of ‘Jet Airways (India) Limited’ (Offshore Regional Hub) and the ‘Resolution Professional’ of ‘Jet Airways (India) Limited’ have filed their ‘Terms & Conditions’ of agreement termed as “Cross Border Insolvency Protocol’. All the clauses have been accepted by each party except ‘Clause No. 6.1.2’ which relates to participation of the ‘Dutch Trustee’ (Administrator) in the meeting of the ‘Committee of Creditors’. The agreed ‘Terms & Conditions’ of ‘Cross Border Insolvency Protocol’ as excluding clause 6.1.2 reads as follows:
THIS PROTOCOL IS DATED [*] AND ENTERED INTO BETWEEN:
(1) Ashish Chhawchharia, in his capacity as the Resolution Professional of Jet Airways (India) Limited, a company incorporated under the provisions of the Companies Act, 1956, and an existing company under the Companies Act, 2013 and having its registered office at Siroya Centre Sahar Airport Road, Andheri (East) Mumbai 400099, India (the “Company”), appointed by the order of the National Company Law Tribunal, Mumbai Bench, India, ("NCLT") dated 20 June 2019 (the "RP").
(2) Rocco Mulder, in his capacity as the administrator in
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