NATIONAL COMPANY LAW TRIBUNAL
AKBAR SHAREIFF – Appellant
Versus
JEPPIAAR CEMENTS PVT LTD REP. BY LIQUIDATOR UMESH GARG – Respondent
ORDER
(Hearing through hybrid mode )
The present application has been filed by A.R. Akbar Sherieef, the Applicant under Section 60(5)(c) of the Insolvency and Bankruptcy Code ('Code'/ 'IBC'), 2016 read with Rule 11 of the NCLT Rules, seeking appropriate directions against Umesh Garg, the Respondent/ Liquidator of Jeppiaar Cements Private Limited, in relation to the rejection of the Applicant’s claim and forfeiture of advance money arising out of an Agreement of Sale dated 13.06.2018, seeking the following reliefs:
“V. RELIEF(S) SOUGHT:
In view of the facts above mentioned, the Applicant most respectfully prays that this Hon’ble Tribunal may graciously be pleased to direct the Respondent to execute and register the Sale Deed conveying the Schedule property to the Applicant on receipt of the Balance Sale Consideration and thus render justice.”
2. SUBMISSIONS OF THE APPLICANT:
2.1. The Applicant submits that the Corporate Insolvency Resolution Process was initiated against M/s. Jeppiaar Cements Private Limited pursuant to an order dated 10.10.2019 passed in CP(IB)685/(CHE)2019, and upon failure of resolution, liquidation was ordered by this Tribunal on 26.08.2022, appointing the Respondent
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