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2018 Supreme(NCLAT) 532

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Randhiraj Thakur – Appellant
Versus
Jindal Saxena Financial Services Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dr. U.K. Chaudhary, Ms. Gauri Rishi, Ms. Srishiti Juneja.
For the Respondents: Mr. Himanshu Gupta, Mr. Satendra K. Rai, Ms. Amrita Singh, Anshyl Syal, Mr. Sanjay Aggarwal.

ORDER :

1. This appeal has been preferred by Randhiraj Thakur, Director Mayfair Capital Private Limited against order dated 4th July, 2018 whereby the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi passed the order of liquidation.

2. Learned Counsel for the Appellant brought to our notice the decision of this Appellate Tribunal in Company Appeal (AT) (Insolvency) Nos. 32 and 50 of 2018 titled Randhiraj Thakur vs. Jindal Saxena Financial Services Private Limited and Another, wherein this Appellate Tribunal by Judgment dated 18th September, 2018 held that initiation of ‘corporate insolvency resolution process’ as illegal and set aside the same. As the ‘corporate insolvency resolution process’ has been declared illegal and set aside, we have no other option but to set aside the order of liquidation and therefore we set aside the impugned order dated 4th July, 2018.

3. Appeal is allowed with the aforesaid observations.

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