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2023 Supreme(Online)(NCLT) 1907

NATIONAL COMPANY LAW TRIBUNAL
M/s BRS Refineries – Appellant
Versus
Mr. Suprio Kumar Chaudhary Liquidator JVL Agro Industries Ltd. (Under Liquidator) – Respondent


Advocates:
For the Petitioner:SHUBHAM AGARWAL
For the Respondent:YASH TANDON

ORDER

1. The present application has been filed on behalf of the M/s BRS Refiners (hereinafter Applicant) under section 60(5) of the Insolvency and Bankruptcy Code, 2016 r/w Rule 11 of the NCLT Rules, 2016. The Applicant is being aggrieved by the actions of the Respondent and is seeking direction to restrain the Respondent from forfeiting EMD amount of Rs. 96,00,000/- pursuant to E-Auction of Block A of assets of JVL Agro Industries Limited. Further, seeking directions to the Respondent to refund the EMD amount of Rs. 96,00,000/- along with compensation/damages caused to the applicant due to non- issuance of sale certificate.

2. The Applicant is a partnership firm who is engaged in the business of edibles oils and trading of such allied goods, having registered office at S.Y No. 190/1A, 190/1E, 190/3, Annaram, Village Farooqnagar Mandal, Mahoobnagar, District Telangana-509228.

3. The brief facts of the matters leading upto the present application are as follows:-

i. This Tribunal vide order dated 19.08.2020 ordered liquidation for the CD based on the report of the COC and appointed Mr. Supriyo Kumar Chaudhary as the Liquidator for carrying the liquidation process of the CD as per Liqui

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