2024 Supreme(Online)(NCLT) 3744
NATIONAL COMPANY LAW TRIBUNAL
Raghu Babu Gunturu VS
IA(I.B.C) - 982/2024
For the Petitioner:Sandhya Tadla
S.No.12
IN THE NATIONAL COMPANY LAW TRIBUNAL
VC AND PHYSCIAL (HYBRID) MODE
ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON
18-09-2024 AT 10:30 AM
CP(IB) No 77/7/HDB/2022
AND
IA (IBC) 982 & 1411/2024 in CP(IB) No 77/7/HDB/2022
u/s. 7 of IBC, 2016
IN THE MATTER OF:
IDBI Bank …Financial Creditor
AND
M/s. Trichy Tanjavur Expressways Ltd …Corporate Debtor
C O R A M:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)
SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)
O R D E R
IA (IBC) 982/2024
Orders pronounced. In the result, this application is allowed to the extent
indicated in the order. No costs.
IA (IBC) 1411/2024
Learned Counsel Mr Ch Srinivasulu, for Resolution Professional present
physically. Matter passed over.
Matter called again. No representation for the respondent. Call on 04.10.2024 as
a last chance.
Sd/- Sd/-
MEMBER (T) MEMBER (J)
Swapna
IN THE NATIONAL COMPANY LAW TRIBUNAL IA.No. 982 OF 2024 IN CP (IB) No. 77/7/HDB/2022 Under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 and under the Regulations 13(2)(D) of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
IN THE MATTER OF:
Mr. Raghu Babu Gunturu, Resolution Professional, M/s. Trichy Thanjavur Expressways Limited, 1st Floor, Golden Heights, Plot No.9/1, D.No.1-140/9/1D/NR Golden Heights, Sector-III, Huda Techno Enclave, Madhapur, Hyderabad, Telangana – 500081.
… Applicant/ Resolution Professional IN THE MATTER OF:
IDBI Bank … Financial Creditor Versus Trichy-Thanjavur Expressways Limited ... Corporate Debtor DATE OF ORDER: 18.09.2024 CORAM:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)
SHRI CHARAN SINGH HON’BLE MEMBER (TECHNICAL)
PARTIES/COUNSELS APPEARANCE: -
For the Applicant : Ms. Sandhya Tadla, PCS For the Suspended Director of CD : Mr. H.K. Chaturvedi, Counsel PER: BENCH
ORDER
I. This Application is filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 and under the Regulations 13(2)(D) of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, by the Resolution Professional praying to take on record the list of creditors dated 16th February, 2024 and 05th March, 2024 on record.
II. Gist of the Application:
II(1) It is stated that in pursuant to the Hon’ble NCLT order dated 22nd August, 2023, the Applicant/Resolution Professional made Public Announcement on 26th August, 2023 with last date for receipt of claims being 07th September, 2023. In response to the Public Announcement, the Resolution Professional received claims from five Financial Creditor and one operational creditor. Subsequently, the Resolution Professional prepared the list of creditors and report on constitution of Committee of Creditors and the same was filed by IA.No.1561 of 2023, which was disposed of by order dated 05th October, 2023. The order dated 05th October, 2023 is attached herewith as Annexure-A II(2) It is stated that on 10th October, 2023, by order of the National Company Law Appellate Tribunal (NCLAT) dated 10th October, 2023, the CoC was directed to defer its proceedings till further orders. The order of the NCLAT dated 10th October, 2023 is attached as Annexure-B.
II(3) It is stated that on 10th October, 2023, the Resolution Professional received a claim from National Highway Authority of India (NHAI) for a claim of Rs.500 Cr. After seeking various documents in support of the claim, it was finally admitted on 29th January, 2024 and the list of creditors was updated on 16th February, 2024. The List of Creditors Ver.2 dated 16th February, 2024 is attached as Annexure-C.
II(4) It is stated that on 15th February, 2024, PSK Infrolux JV submitted a claim to the Resolution Professional by hard copy and the claim was submitted by email on 26th February, 2024. The claim was verified and the list of credito