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2019 Supreme(NCLAT) 938

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Ramanathan Bhuvaneshwari – Appellant
Versus
Vipin Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mustapha, Advocate for R.P.
For the Respondent:Mr. Omprakash K. V., Mr. Arun Kathpalia, Senior Advocate assisted by Ms. Shyel Trehan and Mr. Aman Shukla, Mr. Jatin Mongia and Ms. Mayanka Dhawan, Mr. Ashim sood, CGSC along with Ms. Payal Chandra, Mr. Hari Kishan, Prosecutor (SFIO)

ORDER :

These appeals were preferred against the common order dated 20th August, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench whereby the Adjudicating Authority taking into the consideration the allegations made by the ‘Resolution Professional’ with regard to fraud and misappropriation etc. disposed of the applications directing the Central Government to refer the matter to SFIO for investigation into the allegation of fraud.

2. For disposal of the appeals, it is not necessary to go into the merit of the allegations and counter-allegations made by the parties or the defence taken by the appellants. ‘Corporate Insolvency Resolution Process’ was initiated against the ‘Tejkamal Pharmaceuticals Pvt. Ltd.’ in which Mrs. Ramanathan Bhuvaneshwari’ was appointed as ‘Resolution Professional’ during the ‘corporate insolvency resolution process’. The transactions came to the notice of the ‘Resolution Professional’. Therefore, she filed an application under Section 66 of the I&B Code wherein the impugned order was passed on 20th August, 2018 directing the Central Government to make investigation through SFIO. It was in this background the appellant s

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