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2025 Supreme(Online)(NCLT) 1550

NATIONAL COMPANY LAW TRIBUNAL
Sh. Charanjeet Singh Gulati, Member (Technical), Ms. Lakshmi Gurung, Member (Judicial)
Dicksons Overseas Private Limited – Appellant
Versus
Mr.Prasad Dharap – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Amir Arsiwala, Adv. Nitesh Ramani, Adv. Pulkit Sharma, Vibha Joshi
For the Respondents: Abhishek Adke, Adv. Jatin Kumar, Adv. Nitesh Ashok

Table of Content
1. insolvency application filed by dicksons. (Para 1 , 2 , 3)
2. court's analysis of auction process and title transfer. (Para 30 , 31 , 32)
3. discussion on selling corporate debtor as going concern. (Para 42 , 43 , 44)
4. final orders on applications. (Para 54 , 55)

Per: Sh. Charanjeet Singh Gulati, Member (Technical)

IA/12/2021

1. The I.A. 12 of 2021 is filed by Dicksons Overseas Private Limited (hereinafter referred to as “Dicksons”) under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (Code), seeking following reliefs:

a) Declare and hold that running of ordinary time of 90 days has been stopped due to force majeure circumstances, hence there is no consequent liability or responsibility on any of the parties;

b) Declare and hold that the liability of interest also stopped due reasons of force majeure;

c) Grant time of four weeks after the date of grant of the required permissions to get the sale deed draft adjudicated from the collector of stamps, payment of stamp duty and complete other sale formalities;

d) Issue direction, without prejudice to any of the aforesaid prayers, to explore and initiate the steps for under Regulation 30A as well as under Regulati

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