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IA No. 278/JPR/2019,
IA No. 279/JPR/2021,
IA No. 404/JPR/2022 &
CP No. (IB)- 102/7/JPR/2019
IN THE NATIONAL COMPANY LAW TRIBUNAL
JAIPUR BENCH
Coram: SHRI DEEP CHANDRA JOSHI,
HON’BLE JUDICIAL MEMBER
SHRI PRASANTA KUMAR MOHANTY,
HON’BLE TECHNICAL MEMBER
IA No. 278/JPR/2019,
IA No. 279/JPR/2021,
IA No. 404/JPR/2022 &
CP No. (IB)- 102/7/JPR/2019
(Application Under Section 7 read with 60(5) of the Insolvency and Bankruptcy
Code, 2016 & Rule 11 of the NCLT Rules, 2016)
IN THE MATTER OF:
ANIL KUMAR SHARMA & ANR.
…… FINANCIAL CREDITORS
VERSUS
RIDHIRAJ BUILDERS AND PROMOTERS LLP
……CORPORATE DEBTOR
MEMO OF PARTIES
Anil Kumar Sharma
S/o Late Shri M. L. Sharma
R/o SB-17, Bhawani Singh Road,
Bapu Nagar, Jaipur- 302015 (Rajasthan)
………Applicant No. 1/ Financial Creditor
Ultramed Private Limited
CIN: U51507RJ1986PTC003816
R/o SB-17, Bhawani Singh Road,
Bapu Nagar, Jaipur- 302015 (Rajasthan)
……… Applicant No. 2/ Financial Creditor
VERSUS
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IA No. 278/JPR/2019,
IA No. 279/JPR/2021,
IA No. 404/JPR/2022 &
CP No. (IB)- 102/7/JPR/2019
Ridhiraj Builders and Promoters LLP
LLPIN: AAB-7510
Registered office at : 166, First Floor,
SLC Tower, Amrapali Marg, Vaishali
Nagar, Jaipur- 302021 (Rajasthan)
……...Respondent / Corporate Debtor
IA No. 278/JPR/2019; IA No. 279/JPR/2021 & IA No. 404/JPR/2022:
Ridhiraj Builders and Promoters LLP
LLPIN: AAB-7510
Registered office at : 166, First Floor,
SLC Tower, Amrapali Marg, Vaishali
Nagar, Jaipur- 302021 (Rajasthan)
………Applicant
VERSUS
Anil Kumar Sharma
S/o Late Shri M. L. Sharma
R/o SB-17, Bhawani Singh Road,
Bapu Nagar, Jaipur- 302015 (Rajasthan)
………Non-Applicant No. 1
Ultramed Private Limited
CIN: U51507RJ1986PTC003816
R/o SB-17, Bhawani Singh Road,
Bapu Nagar, Jaipur- 302015 (Rajasthan)
………Non-Applicant No. 2
For the Financial Creditor
:
Sandeep Taneja, Adv.
Karan Pratap Singh, Adv.
For the Corporate Debtor
:
Shivangshu Naval, Adv.
Sakshi Yadav, Adv.
Order Pronounced On:16.11.2022
ORDER
Per: Shri Deep Chandra Joshi, Judicial Member
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IA No. 278/JPR/2019,
IA No. 279/JPR/2021,
IA No. 404/JPR/2022 &
CP No. (IB)- 102/7/JPR/2019
1.
This application has been filed jointly by Mr. Anil Kumar Sharma
(‘Applicant No. 1’) and M/s Ultramed Private Limited (‘Applicant No. 2’)
against M/s Ridhiraj Builders and Promoters LLP (‘Corporate Debtor’/
‘Respondent’) under Section 7 of Insolvency and Bankruptcy Code, 2016
(‘IBC’/ the ‘Code’) read with Rule 4 of the Insolvency and Bankruptcy
(Application to Adjudicating Authority) Rules, 2016 seeking initiation of
the Corporate Insolvency Resolution Process (‘CIRP’), pursuant to default
in repayment of loan amount by the Corporate Debtor to the Applicants.
2.
The Applicant No. 1 is the Managing Director of the Applicant No. 2 and
has been authorised to present this application before this Tribunal on behalf
of the Applicant No. 2 vide Board Resolution dated 08.04.2019. The
Applicant No. 2 is a company incorporated under the provisions of the
Companies Act, 2013 bearing CIN: U51507RJ1986PTC003816. The
registered office of the Applicant No. 2 is located at SB-17, Bhawani Singh
Road, Jaipur, Rajasthan- 302005.
3.
The Corporate Debtor namely M/s Ridhiraj Builders & Promoters LLP is a
Limited Liability Partnership incorporated under the Limited Liability
Partnership Act, 2008 on 06.09.2013 bearing LLP IN: AAB-7510. The
registered address of the Corporate Debtor is located at 166, First Floor, SLC
Tower, Amarpali Marg, Vaishali Nagar, Jaipur- 302021.
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IA No. 278/JPR/2019,
IA No. 279/JPR/2021,
IA No. 404/JPR/2022 &
CP No. (IB)- 102/7/JPR/2019
4.
The details of transactions leadings to the filing of this present application
averred by the Applicant are as follows:
a.
Mr. Pradeep Kumar Pandya, one of the designated partners of the
Corporate Debtor approached the Applicant No. 1 in o