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2023 Supreme(Online)(NCLT) 1155

NATIONAL COMPANY LAW TRIBUNAL
State Bank of India – Appellant
Versus
Kari Venkateswarulu Liquidator Nawa Engineers and Consultants Private Limited – Respondent


Advocates:
For the Petitioner:Kondapalli Venkat Srinivas
For the Respondent:Naresh Kumar Sangam

ORDER

1. The present application has been filed by M/s State Bank of India (hereinafter referred to as the applicant) seeking the following reliefs:

a. Replace the existing Liquidator i.e., Mr. Kari Venkateswarlu and appoint Mr. Madhusudan Rao Gonugunta, IBBI Reg No. IBBI/IPA- 001/IP-P00181/2017-2018/10360 as the new Liquidator;

b. Impose an exemplary cost on the Liquidator for ill-will intention and contravention of rules and regulations of IBC.

2. The application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) filed by M/s. Bay-Forge Private Limited (hereinafter referred as “Operational Creditor”) was admitted on 22.01.2018 against M/s. Nawa Engineers and Consultants Private Limited (hereinafter referred as “Corporate Debtor”) for initiating Corporate Insolvency Resolution Process (“CIRP”).

2.1 The Committee of Creditors (“COC”) in its 6th meeting on 21.06.2018 decided to liquidate the corporate debtor. As a result, the corporate debtor was placed under liquidation on 10.10.2018 and Mr. Venkateswarlu Kari was appointed as the Liquidator.

2.2 The applicant is the only secured financial creditor of the corporate debtor holding 100% security on all the assets of the co

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