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2024 Supreme(Online)(NCLT) 4639

NATIONAL COMPANY LAW TRIBUNAL
Nicco Associated Companies Senior Management Superanuation Fund – Appellant
Versus
Vinod Kumar Kothari – Respondent


Advocates:
For the Petitioner:Khatan And Co LLP

DIVISION BENCH-(Court-I)

IN

C.A.(I.B.) No. 788/KB/2019

IN

C.P.(I.B.) No. 03/KB/2017

In the matter of:

Nicco And Associated Companies Senior Management Superannuation

Fund

…Applicant

Versus

Vinod Kumar Kothari, Liquidator of Nicco Corporation Limited

…Respondent

Date of Hearing: 23/08/2024

Date of pronouncing the order: 18/12/2024

Appearances (through hybrid mode):

For the Applicant : Mr. Jishnu Choudhary, Advocate

: Ms. Urmila Chakraborty, Advocate

: Mr. Rahul Auddy, Advocate

: Mr. Aditya Gooptu, Advocate

For the Liquidator : Mr. Joy Saha, Senior Advocate

: Ms. Barsha Dikshit, PCS

: Ms. Neha Malu, PCS

Coram:

Bidisha Banerjee : Member (Judicial)

Balraj Joshi : Member (Technical)

ORDER

Per: Balraj Joshi, Member (Technical)

1. The present application has been filed by Nicco and Associated Companies Senior Management Superannuation Fund (Applicant) under Section 60(5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 seeking the following reliefs:

(a) That directions be served upon the Respondent Liquidator appointed by this Hon’ble Tribunal to pay a sum of INR.50,99,000/- to the applicant trust;

(b) That directions be served upon the Respondent Liquidat

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