NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH COURT VI Item No. P-2 I.A.(IBC) No. 5952/MB/2025 IN CP (IB) No. 818/MB/2025 CORAM SHRI SAMEER KAKAR SHRI NILESH SHARMA HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

ORDER SHEET OF HEARING DATED 04.02.2026 NAME OF THE PARTIES : Royal Dry Fruits Private Limited Vs The South Indian Bank Limited,.

Application under any other provisions IBC.

ORDER

The case is fixed for pronouncement of the order. The order is pronounced in the open court, vide separate order. Detailed order is being uploaded on the NCLT portal today.

Sd/- Sd/-

SAMEER KAKAR NILESH SHARMA MEMBER (TECHNICAL) MEMBER (JUDICIAL)

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IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI - BENCH-VI I.A.(IBC) No. 5952/MB/2025 IN CP (IB) No. 818/MB/2025 [Under Rule 49 (2) read with Rule 11 of NCLT Rules, 2016]

In the matter of:

Royal Dry Fruits Private Limited CIN: [U51101MH2011PTC220314]

Registered Office: Flat No. 4, Asiya Manor

67/A Perry Road, Bandra (West), Mumbai- 400050.

…Applicant Vs.

The South Indian Bank Limited, ID No: [L65191KL1929PLC001017] ‘SIB House” T.B. Road, Thrissure-1, Kerala.

...Respondent IN THE MATTER BETWEEN:

The South Indian Bank Limited …FinancialCreditor/(FC)

Vs.

Royal Dry Fruits Private Limited ... Corporate Debtor/(CD)

Pronounced On: 04.02.2026.

CORAM:

SHRI NILESH SHARMA, MEMBER (JUDICIAL).

SHRI SAMEER KAKAR, MEMBER (TECHNICAL).

Hearing: Hybrid.

Appearances:

Applicant :- Adv. Shadap Jan, Adv. Utkarsh Singh i/b S&K Partners Respondent : Adv. Mr. Ayush J Rajani, Adv. Mitali Bhatt i/b AKR Legal

ORDER

[PER: CORAM]

1. This is an application under Rule 49 (2) read with Rule 11 of the National Company Law Tribunal Rules, 2016 filed by the Applicant seeking following prayers:-

a. Pass an order/directing allowing the instant Application and de-reserving the order dated 12 December 2025 in the petition bearing CP (IB)

No.818/MB/2025; and/or b. Pass an order directing the registry to re-list the petition bearing CP (IB)

No.818/MB/2025 for hearing on merits; and/or c. Pass an order/directing allowing the instant Application and setting aside the order dated 25 November 2025 in the petition bearing CP (IB)

No.818/MB/2025; and/or d. Grant leave to the Respondent to file its reply/written statement on merits in CP (IB) No.818/MB/2025; and/or e. Pass any other order that this Hon’ble Tribunal may deem fit in the interest of justice

2. The Applicant herein is the Corporate Debtor in CP 818/MB/2025. The said Company Petition was reserved for orders by this Tribunal vide order dated

12/12/2025.

3. It is stated that M/s Royal Dry Fruits Private Limited (“Respondent”/ “Company”) is the Respondent in the captioned Company Petition filed before this Hon’ble Tribunal. The Petitioner, The South Indian Bank Limited has filed the Company Petition (IB) No. 818/MB/2025 before this Tribunal under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”/ “the Code”) for the commencement of CIRP, appointment of IRP and declaration of moratorium.

4. It is submitted that no notice of institution or listing of the Company Petition could reach the directors or promoters of the Respondent, since the notices were purportedly sent to the registered office address which, at the relevant time, was already in the possession of the Petitioner. Consequently, the alleged service of notice was ineffective, and did not result in actual or constructive service upon the Respondent or its Directors.

5. It is further submitted that, in the absence of any effective service or intimation from the Petitioner, the Respondent remained completely unaware of the initiation and pendency of the present proceedings.

6. It is submitted that the Respondent is no longer in possession of its present registered address, at which the notices would have allegedly been served. Notably, the said premises have been taken over by the Petitioner pursuant to proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”)