SL. No.4

NATIONAL COMPANY LAW TRIBUNAL

COURT HALL NO: II

Hearing Through: VC and Physical (Hybrid) Mode

CORAM: SHRI. RAJEEV BHARDWAJ – HON’BLE MEMBER (J)

CORAM: SHRI. SANJAY PURI - HON’BLE MEMBER (T)

ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL,

HYDERABAD BENCH, HELD ON 08.01.2025 at 10:30 AM

TRANSFER PETITION NO.

COMPANY PETITION/APPLICATION NO. Intervention Petition (IBC)/06/2024

CP (IB) No. 156/9/HDB/2018

NAME OF THE COMPANY Amazon Enterprises Pvt Ltd

NAME OF THE PETITIONER(S) Sri Sai Vijaya Raghav Traders

NAME OF THE RESPONDENT(S) Amazon Enterprises Pvt Ltd

9 of IBC

UNDER SECTION

ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL CP (IB) No.156/9/HDB/2018 In the matter of M/s. Amazon Enterprises Private Limited Between:

Intervention Petition (IBC)/06/2024

Orders pronounced, recorded vide separate sheets. In the result, the Intervention

Petition (IBC)/06/2024 is dismissed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Vamsi

1. Mr. Chintala Maipal Reddy H.No.2-9-50/4/2, Macha Bollaram, Ferzandiguda, Secunderabad

2. Mr. Chintala Vinod Reddy H.No.969/B, Kalasiguda, Bollaram, Secunderabad

3. Mr. Ramankol Veeresham H.No.1-5-849, Om Sri Sai Nagar Colony, Old Alwal, Secunderabad

4. Mr. Chintala Ravinder Reddy H.No.969/B, Kalasiguda, Bollaram, Secunderabad ……Applicants And Mr. Nethi Mallikarjuna Setty Liquidator of M/s.Amazon Enterprises Private Limited, Unit 113, 1^st Floor, Manjeera Trinity Corporate, KPHB Phase III, Kukatpally, Hyderabad – 500072 ……Respondent Date of order:08.01.2025 CORAM Sri Rajeev Bhardwaj, Hon’ble Member (Judicial)

Sri Sanjay Puri, Hon’ble Member (Technical)

Date of Order:.08.01.2025 Counsels present For the Applicants : Ms. M.V. Padmaja Kalyani, Ld. Counsel For Respondent : None appeared.

Per: Rajeev Bhardwaj

O R D E R

1. For not being impleaded as parties in the IA No.213 of 2019 in CP (IB)

No.156/9/HDB/2018 decided on 13.10.2023, the Applicants by filing the present application prayed for setting aside/re-calling the said order.

2. Facts necessary to dispose of the present application, as stated, are:

i) M/s. Sri Sai Vijaya Raghav Trader (Operational Creditor/OC filed Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. Amazon Enterprises Private Limited (Corporate Debtor/CD), which was admitted vide order dated

29.10.2018. The liquidation order was passed on 14.06.2019.

ii) The IA No.213 of 2019 was filed under Sections 43, 45 and 50 of the Insolvency and Bankruptcy Code, 2016, for cancelling the Sale Deed dated 18.09.2018 of the land comprising Survey No.643 & 644 measuring 0.28.694 gts., situated at village and Grampanchayat LALGUDI-MALAKPET, Mandal & Sub- District Shamirpet, Dist. Medchal-Malkajgiri. The sale deed was executed by Mr. Jagathapu Shivaji Rao, on the basis of Agreement of Sale cum GPA dated 30.01.2018 executed in favour of Mr. M. Vinod Kumar Jain, who was impleaded as Respondent No.4 in that IA. This Authority vide order dated Date of Order:.08.01.2025

13.10.2023 held that the transaction in question does not infringe Sections 45 and 50 but Section 43 of the IBC and accordingly the sale deed dated 18.09.2018 was directed to be cancelled and that the said property will vest in the CD and it will form part of CIRP.

iii) Mr. M. Vinod Kumar Jain, further executed Agreement of Sale cum GPA dated 18.12.2018 of this land in the favour of Applicants and others. Before proceeding to purchase this property, they have also issued paper publication inviting objections of the interested parties. When no objection was received, they purchased the property.

iv) The Applicants approached the Hon’ble High Court of Telangana in Writ Petition No.2868 of 2022 for issuing direction to the Registrar, Medchal-Malkajgiri District, to register the sale deed in their favour. The Hon’ble High Court of Telangana vide order dated 11.02.2022 directed the Registering Authority to receive and process the sale documents, subject to the compliance of the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899.

v)