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2024 Supreme(Online)(NCLT) 5678

NATIONAL COMPANY LAW TRIBUNAL
Mr. Vamsi Khambammettu – Appellant
Versus
Deputy Commissioner of the Customs Department – Respondent
IA(I.B.C) - 1077/2023



Advocates:
For the Petitioner:V V S N Raju
For the Respondent:V T Kalyan

S.No.1

IN THE NATIONAL COMPANY LAW TRIBUNAL

HYDERABAD BENCH 1

VC AND PHYSCIAL (HYBRID) MODE

ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

29-04-2024 AT 10:30 AM

CP(IB) No. 663/7/HDB/2018

AND

IA(IBC) 1077 & 2012/2023, IA(IBC) 57/2021 in CP(IB) No. 663/7/HDB/2018

u/s. 7 of IBC, 2016

IN THE MATTER OF:

State Bank of IndiaFinancial Creditor

AND

Mr. Umesh Purshottam Jethwani

(M/s. Meena Jewellers Pvt Ltd)Corporate Debtor

C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

O R D E R

IA(IBC) 1077 /2023

Orders pronounced. In the result, this application is allowed and necessary

directions are given as mentioned in the order.

IA(IBC) 2012/2023

In the light of the orders passed in IA No 1077/2023 whereby this Tribunal has passed an order quashing the letter dated.29.10.2022 issued by Commissioner of customs, we are of the view that the time consumed in between 30.06.2021 and 29.11.2022 can be excluded from the period of liquidation. Accordingly, this application is allowed and the period commencing from 30.06.2021 to 29.11.2022 is hereby excluded from the liquidation period and the liquidator is directed to complete the liquidation period within the time now available. With

this direction this application is allowed and disposed of.

IA(IBC) 57/2021

Orders not pronounced. Matter re-opened for clarification from the liquidator and

heard both sides. None appeared for respondents.

Call on 05.06.2024.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Swapna

IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH - I in Under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Regulation

44 of the IBBI (Liquidation Process) Regulations, 2016 and Rule 11 of National Company Law Tribunal Rules, 2016 In the matter of M/s.Meena Jewellers Exclusive Private Limited Between:

Mr. Sri Vamsi Kambhammettu, Liquidator of M/s.Meena Jewellers Exclusive Private Limited, Registered Office at Rao & Rao, Chartered Accountants, A85, #DX4, Level No.2, Road No.11, Film Nagar, Jubilee Hills, Hyderabad – 500 033.

…Applicant/Liquidator A N D The Deputy Commissioner of Customs, Airport Special Cargo Commissionerate, Registered Office at Avas Corporate Point, Andheri-Kurla Road, Mumbai – 59.

…Respondent DATE OF ORDER: 29.04.2024 CORAM Dr.Venkata Ramakrishna Badarinath Nandula, Hon’ble Member (Judicial)

Sri Charan Singh, Hon’ble Member (Technical)

Counsels present For the Applicant : Mr.V.V.S.N.Raju, Advocate For the Respondent : Mr.Sundari R. Pisupati, Sr. Standing Counsel PER : BENCH

O R D E R

1. This Application is filed by the Applicant/ Liquidator under Section

60(5) of the Insolvency and Bankruptcy Code, 2016 read with Regulation 44 of the IBBI (Liquidation Process) Regulations, 2016 and Rule 11 of National Company Law Tribunal Rules, 2016 praying to :

a. Direct the Customs Department/Respondent to issue a Letter to State Bank of India, Overseas, having its registered office at SS3- Rajala Chambers, Plot No. 241-A, Rd Number 36, Jubilee Hills, Hyderabad, Telangana 500001 for Lifting of Attachment and to proceed in accordance with the Insolvency and Bankruptcy Code, 2016.

b. Direct the Customs Department/Respondent to issue a Letter to State Bank of India, Overseas, having its registered office at SS3- Rajala Chambers, Plot No.241-A, Rd Number 36, Jubilee Hills, Hyderabad, Telangana 500001 to Defreeze the Account of the Corporate Debtor vide Account Number. 40228175373.

2. Brief averments of the Application are:

2.1 It is stated that the Company Petition (IB) No. 663/7/HDB/2018 was preferred by the State Bank of India (Financial Creditor) which was admitted by this Tribunal vide order dated 26.11.2019 thereby appointing Dr. K.V.Srinivas as Interim Resolution Professional. Further, the Committee of Creditors (CoC) also in its 1st Meeting held on 02.01.2020 confirmed the appointment of the Applicant herein as Resolution Professional.

2.2 It is averred that the Resolution Professional conducted the Corporate Insolvency Resolution P

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