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2023 Supreme(Online)(NCLT) 2757

NATIONAL COMPANY LAW TRIBUNAL
Sanjiv Dutt, Member (Technical), Lakshmi Gurung, Member (Judicial)
Sri Girija Prasanna Cotton Mills Limited – Appellant
Versus
DDK Infratech Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: CS Ashish Lalpuria
For the Respondents:Advocate Mily Ghoshal, Ld. Counsel

1. This is an Application bearing C.P.(IB) No.1306/MB/C-VI/2022 filed jointly by five Petitioners/ Financial Creditors named below on 01.12.2022 under Section 7 of Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) read with Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for initiating Corporate Insolvency Resolution Process (hereinafter referred to as “CIRP”) in case of DDK Infratech Private Limited (hereinafter referred to as “Corporate Debtor”). The Corporate Debtor has filed an Interlocutory Application bearing IA No.1879(MB) 2023 on 10.05.2023 under Section 60(5) read with Section 66 of the Code bringing out certain alleged acts of perjury on part of the Financial Creditors and praying for dismissal of the main Company Petition (CP) being bad in law. Both IA and CP were taken up and heard together. Separate orders are being passed in the CP as well as the IA.

1.1 One of the Financial Creditors is a Limited Company, namely, M/s. Sri Girija Prasanna Cotton Mills Limited which has filed a Board Resolution dated 15.11.2022 authorising Mr. Avishek Chakravarti, Director to file the present application on its behalf.

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