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2023 Supreme(Online)(NCLT) 2062

NATIONAL COMPANY LAW TRIBUNAL
Mr. Anuj Bajpai – Appellant
Versus
Surendra Lodha (suspended Director of Corporate Debtor) – Respondent


Advocates:
For the Petitioner:AKR ADVISORS LLP

ORDER

Per- Coram

1. It is an application filed by Anuj Bajpai, RP of Topworth Tollways (Ujjain) Private Limited under section 66 read with section 25(j) of the Insolvency and Bankruptcy Code, 2016 against Surendra Lodha, Suspended Director of Corporate Debtor and Shree Balaji Tradelinks, Partnership Firm for seeking following reliefs:

i.) Direct the Respondent no. 2 to make such contributions to the account of the Corporate debtor aggregating to sum of Rs. 1.78 Crores as stated in this Application with regard to the financial benefit fraudulently derived by the Respondent no. 2 which falls within the ambit of provisions of section 66 of the Code;

ii.) Pass appropriate directions/orders in terms of Section 67, of the code including for recovery/restoration of legitimate amounts due to the Corporate Debtor;

iii.) Issue orders that recovery, if any, made pursuant to this Application, shall form part of the liquidation estate as per section 36 of the Code and shall be exclusive right of the CoC/stakeholders of the Corporate Debtor.

iv.) Impose such fine under section 71, 72 and 73 of the Code upon the Respondent No 2 as this Hon’ble Tribunal may deem fit.

Facts of the IA

2. On perusal of the A

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