IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]
(Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX
PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
CIVIL REVISION PETITION NO: 2901/2024
Between:
1. RAGHAV BHARTIA, S/O PRATYUSH BHARTIA, AGED ABOUT YEARS, R/O 2ND FLOOR, 1-13, LAPAT NAGAR, PART 3 NEW DELHI - 110024 ...PETITIONER
AND
1. M/S CIRCAR JUTE MILLS PRIVATE LIMITED, REP BY ITS AUTHORISED REPRESENTATIVE, R/O NH5, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT, AP IN
2. MR KURAPATI SINGARAYYA CHOWDARY, . RESOLUTION PROFESSIONAL FOR M/S CIRCAR JUTE MILLS PRIVATE LIMITED, FLAT NO.104, KAVURI SUPREME ENCLAVE, KAVURI HILLS, MADHAPUR, HYDERABAD AP IN - 500033
3. COMMITTEE OF CREDITORS OF M/S CIRCAR JUTE MILLS PRIVATE LIMITED, REP BY MR.KAUSHIK CHOWDARY, DIRECTOR OF EXCEL COMMOSALE PRIVATE LIMITED, HAVING REGISTERED OFFICE AT 159, RABINDRA SARANI, 4TH FLOOR, KOLKATA WEST BENGAL 700007 ...RESPONDENT(S):
Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to pleased to A) Allow this Petition and declare the impugned Order dated 3.4.2024 passed by the NCLT, Amaravati Bench in I.A(IBC)/329/2023 in CP(IB)/78/7/AMR/2020 in so far as directing the 2nd Respondent to make another attempt for obtaining a fresh Resolution Plan while rejecting the Resolution Plan submitted by the Respondent under Section 31 of Insolvency and Bankruptcy Code, 2016 instead of initiating Liquidation under Section 33 of Insolvency and Bankruptcy Code, 2016 is illegal, arbitrary, contrary to Section 31 and Section 33 of Insolvency and Bankruptcy Code, 2016, without jurisdiction and power under law and consequently modify the impugned order by initiating Liquidation Process under Section 33 of Insolvency and Bankruptcy Code, 2016 B) And Pass
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to dispense with the filing of certified copy of the Order dated 3.4.2024 passed by the NCLT, Amaravati Bench in I.A(IBC)/329/2023 in CP(IB)/78/7/AMR/2020 and pass
IA NO: 2 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to stay of all further proceedings in respect of the Order dated 3.4.2024 passed by the NCLT, Amaravati Bench in I.A(IBC)/329/2023 in CP(IB)/78/7/AMR/2020 and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased amend the prayer “ For these grounds and other grounds that may be urged at the time of hearing, the Hon’ble Court may be pleased to A) Allow this Petition and declare the impugned Order dated 3.4.2024 passed by the NCLT, Amaravati Bench in I.A(IBC)/329/2023 in CP(IB)/78/7/AMR/2020 in so far as directing the 2"^ Respondent to make another attempt for obtaining a fresh Resolution Plan while rejecting the Resolution Plan submitted by the 2'^'^ Respondent under Section 31 of Insolvency and Bankruptcy Code, 2016 instead of initiating Liquidation under Section 33 of Insolvency and Bankruptcy Code, 2016 is illegal, arbitrary, contrary to Section 31 and Section 33 of Insolvency and Bankruptcy Code, 2016, without jurisdiction and power under law and consequently modify the impugned order by initiating Liquidation Process under Section 33 of Insolvency and Bankruptcy Code, 2016 B) And Pass such order and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” As follows “For these grounds and other grounds that may be urged at the time of hearing, the Hon’ble Court may be pleased to A) Allow this Petition and declare the impugned Order dated 3.4.2024 passed by the NCLT, Amaravati Bench in I.A(IBC)/329/2023 in CP(IB)/78/7/AMR/2020 in so far as directing the 2^^ Respondent to make another attempt for obtaining a fresh Resolution Plan while rejecting the Resolution Plan submitted by the 2^^ Respondent under Section 31 of Insolvency and Bankruptcy Code, 2016 instead of initiating Liquidation under Section 33 of Insolvency and Bankruptcy Code, 2016 is illegal, arbitrary, contrary to Section 31 and Section 33 of Insolvency and Bankruptcy Code, 2016 and subsequent Order dated 16.1.2025 passed by the NCLT, Amaravati Bench in I.A(PLAN)/2/2024 in CP(IB)/78/7/AMR/2020 approving the Resolution Plan submitted in pursuance of the Order dated 3.4.2024 without jurisdiction and power under law and consequently modify the impugned order by initiating Liquidation Process under Section 33 of Insolvency and Bankruptcy Code, 2016 B) And Pass such order and pass
IA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in
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