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2023 Supreme(Online)(NCLT) 1157

NATIONAL COMPANY LAW TRIBUNAL
TRAMMO DMCC – Appellant
Versus
NAGARJUNA FERTILIZERS AND CHEMICALSLIMITED – Respondent


Advocates:
For the Petitioner:Bheemachary

ORDER

1. The instant application has been filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, for short ‘IBC’ r/w Rules 11, 34 and 149 of the NCLT Rules, 2016 for restoration of the Company Petition CP(IB) No.48/9/2022, titled M/s.Trammo DMCC, (for short ‘Applicant’) versus M/s.Nagarjuna Fertilisers & Chemicals Limited, (for short ‘Respondent’) under Section 9 of the IBC.

2. The facts necessary to dispose the present application, as stated, are:

2.1 It is averred that prior to the filing of the CP(IB) No.48/9/2022, this Adjudicating Authority had admitted another petition CP(IB) No.524/9/HDB/2019, vide Order dated 27.08.2021, which was filed by M/s.Keytrade AG against M/s.Nagarjuna Fertilisers & Chemicals Limited under Section 9 of the IBC.

2.2 Against the Admission Order dated 27.08.2021 in the Company Petition CP(IB) No.524/9/HDB/2019, the Corporate Debtor has filed Company Appeal (AT) (CH) (Insolvency) No.215/2021, wherein the Hon’ble National Company Law Tribunal, for short ‘Hon’ble NCLAT’, vide Order dated 14.09.2021 has directed that there shall be no implementation of the Order dated 27.08.2021 till the next date of hearing.

2.3 This Authority vide Order dated

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