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2023 Supreme(Online)(NCLT) 2880

NATIONAL COMPANY LAW TRIBUNAL
Shri Rohit Kapoor, Shri Balraj Joshi, JJ
GSA Retail Limited – Appellant
Versus
Vishnu Kumar Tulsyan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Subodh Agarwal, CA, Mr. Vishnu Kumar Tulsyan

ORDER

Per: Balraj Joshi, Member (Technical)

1. This Court convened through hybrid mode.

Preliminary

2. I.A. (IB) No. 889/KB/2023 is an application under section 30(6) of the Insolvency and Bankruptcy Code, 2016, after approval of the resolution plan by the Committee of Creditors (“CoC”)

3. This application was filed by Mr. Vishnu Kumar Tulsyan, Resolution Professional of GSA Retail Limited (CIN: U17120WB2007PLC115418), by invoking the provisions of section 30(6) of the Insolvency and Bankruptcy Code, 2016 (“the Code” or “IBC”) read with regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”) for approval of a Resolution Plan in respect of GSA Retail Limited (“Corporate Debtor”)

4. The Corporate Debtor is registered with UDYAM as MSME having registration no. as UDYAM-WB-10-0002121 dated 26 August 2020.

5. The underlying Company Petition in C.P. (IB) No. 51/KB/2021 was filed by GSA Retail Limited, the Corporate Applicant, to initiate Corporate Insolvency Resolution Process (“CIRP”), under section 10 of the Insolvency and Bankruptcy Code 2016, which was admitted vide order dated 07 June 20

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