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2023 Supreme(Online)(NCLT) 467

NATIONAL COMPANY LAW TRIBUNAL
J.C. Flowers Assets Reconstruction Private Limited – Appellant
Versus
GVK TRANSPORTATION PRIVATE LIMITED – Respondent
IA(I.B.C) - 376/2023



Advocates:
For the Petitioner:V V S N Raju

S.No.3 IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

28-02-2023 AT 10:30 AM IA (IBC) 376, 377, 375, 374, 373 & 372/2023 in CP(IB) No.69/7/HDB/2022 u/s. 7 of IBC, 2016 IN THE MATTER OF:

YES Bank Ltd …Financial Creditor Vs GVK Transportation Pvt Ltd …Corporate Debtor C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

COMMON ORDER

IA (IBC) No.376 of 2023 in CP (IB) No. 69/7/HDB/2022:

Ld. Counsel Shri VVSN Raju along with Shri Srikant Rathi, counsel for the applicant is present. Ld. Counsel for the respondent is present.

The application is filed by M/s J.C. Flowers Asset Reconstruction Private Limited (‘ARC’ for brevity) stating that the subject debt along with the underlying securities have been assigned under the registered assignment dated 16.12.2022 to the applicant, as such the ARC intends to come on record in place of the applicant in the above Company Petition.

Notice given to the other side.

2. Needless to say, that in terms of section 5 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the assignee is entitled to step into the shoes of the suitor, and continue the proceedings, if any pending.

3. Therefore, this application is allowed. The Company Petition be amended by substituting the name of the Financial Creditor with ARC, wherever it occurred and file neat copy of the Company Petition within a week from today.

Accordingly, the above IA is allowed and disposed of.

IA (IBC) No.377 of 2023 in IA No.560 of 2022 :

Ld. Counsel Shri VVSN Raju along with Shri Srikant Rathi, counsel for the applicant is present.

The application is filed by M/s J.C. Flowers Asset Reconstruction Private Limited (‘ARC’ for brevity) stating that the subject debt along with the underlying securities have been assigned under the registered assignment dated 16.12.2022 to the applicant, as such the ARC intends to come on record in place of the applicant in IA (IBC) 560/2022.

Notice given to the other side.

2. Needless to say, that in terms of section 5 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the assignee is entitled to step into the shoes of the suitor, and continue the proceedings, if any pending.

3. Therefore, this application is allowed. IA (IBC) 560/2022 be amended by substituting the name of the Financial Creditor/applicant with ARC, wherever it occurred and file neat copy of the application within a week from today.

Accordingly, this instant IA is allowed and disposed of.

IA (IBC) No.375 of 2023 in IA No.595 of 2022 :

Ld. Counsel Shri VVSN Raju along with Shri Srikant Rathi, counsel for the applicant is present.

The application is filed by M/s J.C. Flowers Asset Reconstruction Private Limited (‘ARC’ for brevity) stating that the subject debt along with the underlying securities have been assigned under the registered assignment dated

16.12.2022 to the applicant, as such the ARC intends to come on record in place of the respondent/Yes Bank Ltd in IA (IBC) 595/2022.

Notice given to the other side.

2. Needless to say, that in terms of section 5 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the assignee is entitled to step into the shoes of the suitor, and continue the proceedings, if any pending.

3. Therefore, this application is allowed. IA (IBC) 595/2022 be amended by substituting the name of the respondent/Yes Bank Ltd with ARC, wherever it occurred and file neat copy of the application within a week from today.

Accordingly, this instant IA is allowed and disposed of.

IA (IBC) No.374 of 2023 in IA No.598 of 2022 :

Ld. Counsel Shri VVSN Raju along with Shri Srikant Rathi, counsel for the applicant is present.

The application is filed by M/s J.C. Flowers Asset Reconstruction Private Limited (‘ARC’ for brevity

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