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2025 Supreme(Online)(NCLT) 3110

NATIONAL COMPANY LAW TRIBUNAL
SHRI SAMEER KAKAR, MEMBER (TECHNICAL), SHRI NILESH SHARMA, MEMBER (JUDICIAL)
Matoshri Laxmi Sugar Co-Generation Limited – Appellant
Versus
Union Bank of India – Respondent


Advocates:
For the Applicant/Corporate Debtor: Adv. H.P. Kar i/b Inter-Juris
For the Respondent/Financial Creditor: Adv. Ninad Deshpande

ORDER

[PER: CORAM]

1. This is an application filed by the Applicant- Matoshri Laxmi Sugar Co-Generation Industries Limited (i.e. “the Corporate Debtor”) against the Respondent-Union Bank of India (i.e. the “Financial Creditor”) under Rule 11 of the NCLT Rules, 2016 seeking the following reliefs:

A. Recall and set aside the Order dated 01.05.2025 passed in CP(IB) No. 195/MB/2025 to the extent it permits the Applicant/Financial Creditor to amend Form 1 and revise the originally stated date of default;

B. Direct that the Company Petition be adjudicated strictly on the basis of pleadings and documents as originally filed without any amendment to the date of default;

C. Pass such other and further orders as this Tribunal may deem fit and proper in the interest of justice and equity.

2. Vide Order dated 01.05.2025, this Bench had stated as follows:

1. Ld. Counsel Mr. H.P. Kar for the Applicant is present through VC, Ld. Counsel Mr. Ninad Deshpande for the Respondent is also present through VC.

2. Ld. Counsel appearing on behalf of the Respondent states that reply has since been filed with the DMS. On page no. 10 of the reply, a receipt is attached evidencing that a sum of Rs. 25,000/- levied as

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