C.P (IB) No. 24/KB/2025

A Petition under Section 7 of the Insolvency and Bankruptcy

Code, 2016 read with Rule 4 of the Insolvency and Bankruptcy

(Application to Adjudicating Authority) Rules, 2016.

IN THE MATTER OF:

ADITYA BIRLA FINANCE LIMITED

……Applicant / Financial Creditor

VERSUS

PRIYA FOOD PRODUCTS LIMITED

……Corporate Debtor

AND

An application under Section 60(5) of the Insolvency and

Bankruptcy, 2016 read with Rule 11 of the National Company Law

Tribunal, Rules 2016.

IN THE MATTER OF:

ADITYA BIRLA FINANCE LIMITED

……Applicant / Financial Creditor

VERSUS

PRIYA FOOD PRODUCTS LIMITED

……Corporate Debtor

C.P.(IB) No.24/KB/2025 Date of Pronouncement: 18.09.2025 Coram:

Shri. Labh Singh, Member (Judicial)

Ms. Rekha Kantilal Shah, Member (Technical)

Appearances: (via Hybrid Mode):

Mr. Shaunak Mitra, Adv. ] Mr. Amit Kumar Nag, Adv. ]

Ms. Ranjabati Ray, Adv. ] For the Financial Creditor Ms. Ritika Ghosh, Adv. ] Mr. Yubraj Bhattacharyya, Adv. ]

O R D E R

Per: Rekha Kantilal Shah, Member (Technical) 1. The Court convened through physical mode.

I.A (IB) No. 889/KB/2025

2. This application IA(IBC) No.889/KB/2025 has been filed by the Financial Creditor i.e. Aditya Birla Capital Limited (erstwhile known as Aditya Birla Finance Limited) through its Authorized Officer namely Mr. Gautam Das seeking following reliefs, inter alia:

I. To pass an order substituting the applicant, namely, Aditya Birla Capital Limited in place and stead of Aditya Birla Finance Limited, being the financial C.P.(IB) No.24/KB/2025 creditor, in the instant proceedings in pursuant of the order passed by the NCLT, Ahmedabad Bench dated

24th March, 2025 approving scheme of amalgamation;

II. To permit the applicant to carry out necessary amendments in the cause title of the instant proceedings;

III. To grant leave to amend the present application in its present form, if required.

IV. Such further order or orders and/or issue such directions as this Learned Tribunal may deem fit and proper.

3. Background of the case

3.1 The instant Interlocutory Application is filed in the CP (IB) No. 24/KB/2025 pending before this Tribunal filed by the financial creditor. The applicant is filing this application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) read with Rule 11 of the National Company Law Tribunal Rules, 2016, inter alia, seeking amendment and substitution in the main Company Petition and substitution of the name of the financial creditor, as “Aditya Birla Capital Limited” in place of “Aditya Birla Finance Limited” in the instant proceedings.

C.P.(IB) No.24/KB/2025

4. Submission on behalf of the Applicant

4.1 That the copy of the Board Resolution dated

31.03.2025, issued by the Applicant in favour of Mr.

Gautam Das is attached in the application.

4.2 That pursuant to the Order dated 24.03.2025 passed by the Hon’ble Company Law Tribunal, Ahmedabad Special Bench Court-1, the erstwhile financial creditor being Aditya Birla Finance Limited ("Amalgamating Company") has amalgamated with Aditya Birla Capital Limited ("Amalgamated Company") and is now known as "Aditya Birla Capital Limited" (Amalgamated company) with effect from 01.04.2025.

A Copy of the Order dated 24.03.2025 is attached in the application and marked as Annexure- B at Page No-

15-64.

4.3 That pursuant to the order dated 24.03.2025, the amalgamated company, "Aditya Birla Capital Limited" has been vested with all the rights to proceed with the instant proceedings against the corporate debtor, which was previously vested with Aditya Birla Finance Limited. Therefore, all actions previously taken have been subsumed into the amalgamated entity i.e. Aditya Birla Capital Ltd. Henceforth, Aditya Birla Capital Limited has all rights to proceed against the C.P.(IB) No.24/KB/2025 corporate debtor which was previously vested with Aditya Birla Finance Limited. The relevant portion of the order of the Hon’ble Tribunal has been provided hereunder:-

Paragraph No. 17(x) “All proceedings now pending by or against the Amalgamating Company shall be cont