NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-II

14. IA 420/2023-19(2) - Part-Heard IA 2175/2023 IA

2181/2023 IA 2239/2023 IA 1455/2023 IA 2990/2023 IA 2954/2022 In C.P. (IB)/527(MB)2022 CORAM:

SHRI SHYAM BABU GAUTAM SHRI KULDIP KUMAR KAREER HON’BLE MEMBER (T) HON’BLE MEMBER (J) ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 11.08.2023 NAME OF THE PARTIES: - IA 3370/2023 Axis Trustee Services Limited V/s Vijaykumar Iyer IA 420/2023 Vijaykumar V Iyer V/s Ngs & Co. LLP IA 2181/2023 Ashim Das V/s Future Retail Limited IA 2175/2023 Ad X Press V/s Future Retail Limited IA 2239/2023 Ocs Group India Private Limited V/s Future Retail Limited IA 1455/2023 Vijaykumar V Iyer IA 2990/2023 Mrs.Durdana Aabid Ali & Ors V/s Vijay Kumar V Iyer IA 2954/2022 Vijaykumar V Iyer V/s Atlantis Multiplex Private Limited IN THE MATTER OF Bank of India V/s Future Retail Limited APPEARANCES: -

FOR THE RP IN IA 2954/2022, IA 420/2023 IA 2181/2023, IA

2175/2023, IA 2239/2023, IA 2940/2023 : Adv. Rishabh Jaisani i/b Shardul Amarchand Mangaldas & Co.

FOR THE APPLICANT IN IA 2234/2023 : Adv. Sandeep Sharma FOR THE APPLICANT IN IA 2990/2023 : Adv. Nadeem Sharma a/w H.

Sayyed FOR THE RESPONDENT IN IA 420/2023 : Adv. Piyush Raheja a/w Kewal Buddhdev i/b Nikhil Ghate FOR THE RESPONDENT IN IA 2954/2023 : Adv. Akash Agrawal i/b AMR Law FOR THE COC : Mr. Sairam Subramanian & Ms. Bhavika Deira i/b Saraf &

partners Section: Sec 60(5), U/s 7 of (IBC)

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ORDER

The matter is taken up through Physical Hearing.

I.A. 420/2023- The present interlocutory application is filed by the RP seeking direction against the Respondent to provide complete information which is relevant to accomplish the CIRP process. Counsel appearing for the RP further states that he has filed an affidavit on 12.05.2023 as wherein at Exhibit A. He has given a descriptive chart of the information which is required by RP, the auditor has to furnish the said information to the RP. Counsel appearing for the RP placed a chart (Sr. NO. 1 to 33) whereby he has indicated various information which are mandatorily required by the RP.

The copy of the chart also made available to the Counsel appearing for the Auditor submits that he will make all endeavour to provide information as indicated in the chart within a period of two week with specific reasons. List this matter for hearing on 13.09.2023 I.A. 2175/2023- The present interlocutory application is filed by the Applicant namely AD X Press seeking condonation of delay of 181 days in filing the claim before the RP. Counsel appearing for the Applicant submits that he was not aware about the CIRP of Corporate Debtor. Therefore, he could not filed its claim before the RP. Therefore, the above delay is bonafide and unintentional. Hence, the same may be condoned. On perusal of averments and submissions made by the Counsel appearing for the Applicant, this Bench is satisfied. Accordingly, delay of 181 days is condoned. RP is directed to verify the claim in terms of Section 53 of the Code. In view of the above, I.A. 2175/2023 is allowed and disposed of I.A. 2181/2023- The present interlocutory application is filed by the Applicant namely Ashim Das seeking condonation of delay of 238 days in filing the claim before the RP. Counsel appearing for the Applicant submits that he was not aware about the CIRP of Corporate Debtor. Hence, the same may be condoned. On perusal of averments and submissions made by the Counsel appearing for the Applicant, this Bench is satisfied.

Accordingly, delay of 238 days is condoned subject to payment of cost of Rs. 5000/- to be paid to the Corporate Debtor, being maintained by the RP. RP is directed to verify the claim in terms of Section 53 of the Code. In view of the above, I.A. 2181/2023 is allowed and disposed of I.A. 2239/2023 - The present interlocutory application is filed by the Applicant namely M/s OCS Group (India) Pvt. Ltd. seek