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NATIONAL COMPANY LAW TRIBUNAL
Mohan Prasad Tiwari, Member (Judicial), Charanjeet Singh Gulati, Member (Technical)
Santosh Sarda – Appellant
Versus
IDBI Trusteeship Services Limited – Respondent
| Table of Content |
|---|
| 1. application seeks to recall the cirp order. (Para 1 , 2) |
| 2. disputes regarding authorization and validity of representation. (Para 3 , 4) |
| 3. no established grounds for fraud or procedural injustice. (Para 5) |
| 4. final decision to dismiss the restoration application. (Para 6) |
1. The present application has been filed by the Applicant under Rule 11 of the NCLT Rules, 2016, seeking appropriate directions to recall the order dated 03.05.2023 (“CIRP Order”) and also to restore the CP No. 892 of 2023 and rehear the same after granting the Applicant an opportunity to file an Affidavit-in-Reply.
2. Brief Facts as per the Application:
2.1 The CP was filed by the Respondent No. 1 seeking initiation of CIRP against the Corporate Debtor. It is contended that an unauthorized Affidavit-in-Reply on behalf of the Corporate Debtor was tendered and the Board Resolution dated 10.02.2022 relied upon by Mr. Anil Chhabria, authorizing him to represent the Corporate Debtor was fraudulent and invalid. The applicant attempted to intervene in the matter, however, this Tribunal rejected such a request as there was no formal application on record. Accordingly, the Applicant had filed Intervention
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