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2023 Supreme(Online)(NCLAT) 2800

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
Dinesh Kothari – Appellant
Versus
Mrs. Rajalakshmi Varadarajan – Respondent


JUDGEMENT

(Virtual Mode) [Per; Ms. Shreesha Merla, Member (Technical)]: 1. Challenge in these `Appeals’ viz. Comp. App. (AT) (CH) (Ins.) No.17/2023 and Comp. App. (AT) (CH) (Ins.) No.18/2023 under Section 61 of the Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as `The Code’) is to the `Impugned Orders’ dated 09.11.2022, passed in IA/IBC/984/CHE/2022 in IBA/990/2019 and IA/IBC/983/CHE/2022 in IBA/988/2019, respectively, ordering `Liquidation’ of the `Corporate Debtors’ `M/s. JKS the Banyaan Private Limited’ and `M/s. Pondicherry Extraction Industries Private Limited’, respectively, by which `Impugned Order’, the `Adjudicating Authority’ has allowed the `Applications’ filed by the Resolution Professional (`RP’) seeking `Liquidation’ of the `Corporate Debtors’. Since both these `Appeals’ deal with common facts, they are being disposed of by this `Common Order’.

2. Learned Senior Counsel appearing on behalf of the `Appellant’ submitted that the `Appellant’ is a `Shareholder’ and a `Member’ of the suspended `Board of Directors’ in all the three entities of the `JR Group’ comprising of `M/s. JR Foods Limited’, `M/s. Pondicherry Extraction Private Limited’ a

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