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2024 Supreme(Online)(NCLAT) 184

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Kritish Patel Promoter of Kethos Tiles Private Limited – Appellant
Versus
Mr. Vikash Gautamchand Jain Resolution Professional of M/S. Kethos Tiles Private Limited – Respondent


Mr. Sunil Fernandes, Sr. Advocate with Ms. Honey Satpal, Mr. Nipun Singhvi, Ms. Rajshree Chaudhary, Ms. Diksha Dadu, Mr. Vishal J. Dave, Ms. Nandini Choudha and Mr. Yash Dhyani, Advocates.

J U D G M E N T

ASHOK BHUSHAN, J.

These two Appeals have been filed against the same Order dated

06.06.2024 passed by the Learned Adjudicating Authority (National Company Law Tribunal, Ahmedabad, Division Bench, Court – I) by which Order, I.A. No. 769/(AHM)/2024 filed by the Resolution Professional (`RP’) praying for extension of period of Pre-Package Insolvency Resolution Process (`PPIRP’) for 60 days has been rejected.

2. Comp. App. (AT) Ins. No. 1173/2024 has been filed by the RP of Kethos Tiles Pvt. Ltd. and Comp. App. (AT) Ins. No. 1323/2024 has been filed by the Promotor of Kethos Tiles Pvt. Limited.

3. Brief facts necessary for deciding these Appeals are:

i. M/s. Kethos Tiles Pvt. Ltd., a Micro Small & Medium Enterprises (`MSME’) had filed an Application under Section 54C of Insolvency and Bankruptcy Code, 2016 , (for short `The IBC’) to initiate PPIRP of the Corporate Debtor.

ii. The Adjudicating Authority vide Order dated 04.01.2024, initiated PPIRP of the Corporate Debtor. Vikas Gautam Chand Jain was appointed the Resolution Professional to conduct PPIRP.

iii. In pursuance of the Order passed by the Adjudicating Authority, the RP initiated PPIRP by making public announcement dat

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