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2025 Supreme(Online)(NCLT) 2747

NATIONAL COMPANY LAW TRIBUNAL
Shanti GD Ispat and Power Private Limited – Appellant
Versus
Charudutt Marathe – Respondent


Advocates:
For the Petitioner:Venkat Challa
For the Respondent:Amir Bavani

Table of Content
1. background of liquidation and auction process (Para 2)
2. arguments on payment delays and gst applicability (Para 3 , 4 , 5 , 6)
3. court's consideration on sale cancellation (Para 8 , 9)
4. final decision on applications dismissed (Para 10)

ORDER

IA (IBC)/153/2025:

This Interlocutory application (IA) is filed by the Successful Bidder/Applicant, seeking the reliefs from this Adjudicating Authority, which are extracted below:

2. The Counsel for the Applicant summarized the facts of the Case as below:

(i) This Adjudicating Authority vide its order dated 18.04.2022 in Petition No. CP (IB)/4/7/AMR/2021 admitted the Saradambika Power Plant Private Limited (Corporate Debtor) into Corporate Insolvency Resolution Process (CIRP) and appointed the Respondent No. 1 as the Resolution Professional.

(ii) Subsequently, this Adjudicating Authority vide its order dated 03.02.2023 in IA (IBC)/340/2022 passed the liquidation order of the Corporate Debtor and appointed the Respondent No. 1 as the Liquidator.

(iii) The Liquidator issued e-auction notice dated 30.11.2023 in respect of sale of Corporate Debtor as a going concern. Pursuant to the e- auction held on 30.12.2023, the Applicant was t

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