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2023 Supreme(Online)(NCLT) 3076

NATIONAL COMPANY LAW TRIBUNAL
Dr C Prasannakumar – Appellant
Versus
S D PHARMACY P LTD – Respondent
IA(I.B.C) - 296/2023



Advocates:
For the Petitioner:Jinnu Sara George

NATIONAL COMPANY LAW TRIBUNAL KOCHI BENCH CORAM: SHRI SHYAM BABU GAUTAM SHRI H.V.SUBBA RAO HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

P ETITION No./IA No. IA(IBC)/145/KOB/2023 IN CP(IB)/34/KOB/2021
S ECTION 70 IBC R/W NCLT RULE 11
N AME OF PARTIES JASIN JOSE (RP) OF S D PHARMACY PVT LTD V/S RAMESH KESAVAN & ANOTHER.
PETITIONERS ADVOCATE/ PROFESSIONAL HARIKUMAR G NAIR, AKHIL SURESH, ANU BALAKRISHNAN NAMBIAR, ATHUL M V.
RESPONDENTS ADVOCATE/ PROFESSIONAL VAKALATH RELINGUISHED
Office 17 Oct 2023 Notes O R D E R IA(IBC)/145/KOB/2023 IN CP(IB)/34/KOB/2021 Learned counsel, Mr. Athul M V appears along with learned RP, Mr. Jasin Jose through virtual mode. R1-Ramesh Kesavan is present in person and submits that the counsel on record has relinquished his vakalatnama and a new counsel, Ms. Revathy S S (who is present through virtual mode) will be filing the fresh vakaltnama on his behalf.

Let the same be done two days before the next date of hearing.

At the request of R1, matter adjourned to 23/11/2023.

IA(IBC)/34/KOB/2023 IN CP(IB)/34/KOB/2021 through virtual mode. R1-Ramesh Kesavan is present in person and submits that the counsel on record has relinquished his vakalath and a new counsel, Ms.Revathy S S (who is present through virtual mode) will be filing the fresh vakaltnama on his behalf. Let the same be done two days before the next date of hearing.

At the request of R1, matter adjourned to 23/11/2023.

IA(IBC)/352/KOB/2023 IN CP(IB)/34/KOB/2021 Learned counsel, Mr. Athul M V appears along with learned RP, Mr. Jasin Jose through virtual mode. R1-Ramesh Kesavan is present in person and submits that the counsel on record has relinquished his vakalatnama and a new counsel, Ms. Revathy S S (who is present through virtual mode) will be filing the fresh vakaltnama on his behalf.

Let the same be done two days before the next date of hearing.

At the request of R1, matter adjourned to 23/11/2023.

IVNP(IBC)/03/KOB/2023 IN IA(IBC)/308/KOB/2023 IN CP(IB)/34/KOB/2021 Learned counsel, Mr. Athul M V appears along with learned RP, Mr. Jasin Jose through virtual mode. Petitioner - Ramesh Kesavan is present in person and submits that the counsel on record has relinquished his vakalatnama and a new counsel, Ms. Revathy S S (who is present through virtual mode) will be filing the fresh vakaltnama on his behalf.

Let the same be done two days before the next date of hearing.

At the request of petitioner, matter adjourned to 23/11/2023.

IA(IBC)/296/KOB/2023 IN CP(IB)/34/KOB/2021 Learned counsel, Ms. Jinnu Sara Goerge appears on behalf of the applicant through virtual mode. Learned counsel, Mr. Athul M V appears along with learned RP, Mr. Jasin Jose through virtual mode.

Counsel for the applicant submits that the applicant is an employee of the partnership firm and not an employee of the Corporate Debtor, therefore, in all probability the claim will not lie against the Corporate Debtor. Hence, she has instructions from her client not to press this IA bearing No: 296/KOB/2023.

Accordingly, this IA(IBC)/296/KOB/2023 is dismissed as withdrawn.

IA(IBC)/297/KOB/2023 IN CP(IB)/34/KOB/2021 Learned counsel, Ms. Jinnu Sara Goerge appears on behalf of the applicant through virtual mode. Learned counsel, Mr. Athul M V appears along with learned RP, Mr. Jasin Jose through virtual mode.

Counsel for the applicant submits that the applicant is an employee of the partnership firm and not an employee of the Corporate Debtor, therefore, in all probability the claim will not lie against the Corporate Debtor. Hence, she has instructions from her client not to press this IA bearing No: 297/KOB/2023.

Accordingly, this IA(IBC)/297/KOB/2023 is dismissed as withdrawn.

Sd /- Sd /-

SHYAM BABU GAUTAM H.V.SUBBA RAO MEMBER (TECHNICAL) MEMBER (JUDICIAL)

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