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2019 Supreme(NCLAT) 790

S.J.MUKHOPADHAYA, KANTHI NARAHARI
Pratima P. Shah, (Ex-Director Amar Remedies Limited) – Appellant
Versus
IDBI Bank Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Nagesh and Mr. Karan Kanwal, Advocates.
For the Respondents:Mr. Rajive R. Raj, Advocate, Ms. Shweta Thakur and Mr. Kanishk Khetan, Advocates.

JUDGMENT :

SUDHANSU JYOTI MUKHOPADHAYA, J.

Amar Remedies Limited (Company) filed Form-6 for initiation of ‘Corporate Insolvency Resolution Process’ against it. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench treated the Form-6 as an application under Section 10 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the ‘I&B Code’) showing Amar Remedies Limited as ‘Corporate Applicant’ and admitted the application vide order dated 16th June, 2017.

2. Pursuant to the ‘Corporate Insolvency Resolution Process’, ‘Interim Resolution Professional’ collated the claims; constituted the ‘Committee of Creditors’; prepared the ‘Information Memorandum’; called for ‘Resolution Plan’ with the approval of the ‘Committee of Creditors’ and ‘Resolution Plans’ were placed before the ‘Committee of Creditors’. The ‘Resolution Plan’ submitted by one of the ‘Resolution Applicant’ was approved by the ‘Committee of Creditors’ in its 7th meeting with voting share of 83.02%. The ‘Resolution Professional’ filed Miscellaneous Application No.524 of 2018 before the Adjudicating Authority for approval of the ‘Resolution Plan’ under Section 31 of the I&B Code.

3. The Adjudicati

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