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2024 Supreme(Online)(NCLT) 5522

NATIONAL COMPANY LAW TRIBUNAL
Shri Charanjeet Singh Gulati, Smt. Lakshmi Gurung, JJ
Mr. Brijendra Kumar Mishra, RP Resolution Professional of Lakeland Chemicals (India) Limited – Appellant
Versus
Vijay Narayan Athalye – Respondent


Advocates:
For the Resolution Professional: Adv. Umang Mehta i/b Dhruve Liladhar & Co
For Vijay Narayan Athalye: Adv. P.G. Sabnis (Suspended Director) a/w Adv. Kashmira Khelkar
For Chemicals Brothers Pvt. Ltd: Adv. Nausher Kohli a/w Adv. Prachi Wazalwar, Adv. Shawn Fernandez & Adv. Arusha Bapat

ORDER

Per- Smt. Lakshmi Gurung, Member Judicial

1. Three Interlocutory applications are proposed to be disposed of by this common order. IA 796/2023 has been filed by the Erstwhile Resolution Professional of M/s Lakeland Chemicals (India) Ltd. (Corporate Debtor Mr. Brijendra Kumar Mishra, (referred to as “the Applicant/RP”) under Section 45 and 66 of the Insolvency & Bankruptcy Code, 2016 (“IBC/ Code”) against Mr. Vijay Narayan Athalye and M/s Chemical Brothers Enterprise Private Limited For the ease of reference Mr. Vijay Narayan Athalye is referred to as “the Suspended Director/Respondent no. 1” and M/s Chemical Brothers Enterprise Private Limited is referred to as “CBEPL/Respondent no. 2” in this common order.

2. Instead of filing reply to the above Interlocutory application, both the respondents have filed separate applications challenging the maintainability of the said application under section 45 and 66 of the IBC. Respondent No.1 has filed IA No. 4272/2023 and Respondent No.2 has filed IA No. 4354/2023 raising similar grounds on the authority of the Erstwhile RP to file application under section 45 and 66 of the Code. As all the three applications have same set of facts and si

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