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IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB)55/KB/2022
In
C.P (IB) No.198/KB/2018
In the matter of
An application under section 60(5) and read with Section 34 of the Insolvency
and Bankruptcy Code, 2016;
In the matter of:
Bripranil Industries Limited, In Liquidation.
…. Corporate Debtor
And
Abhijeet Jain
…. Applicant
Versus
In the matter of
N. Srinivas & Others.
… Respondents
Date of hearing
: 07/03/2022
Order Pronounced on
: 20 /04/2022
Coram:
Mr. Rohit Kapoor, Member (Judicial)
Mr. Harish Chander Suri, Member (Technical)
Counsels appeared through Video Conference
1. Mr. Rishav Banerjee, Adv.
] For Liquidator
2. Mr.A K. Awasthi, Adv.
]
1. Ms. Urmila Chakraborty, Adv.
] For Landlords in IA 55/2022
2. Ms. Shabanam Farooqui, Adv.
1. Ms. Manju Bhuteria, Adv.
] For R-1 in IA/1149/2020
IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB)55/KB/2022
In
C.P (IB) No.198/KB/2018
_________________________________________________________________________________________________________
----------------------------------------------------------------------------------------------------------------------------
Page 2 of 9
2. Ms. Amrita Pandey, Adv.
]
3. Ms. Anamika Pandey, Adv.
]
1. Mr. Shaunak Mitra, Adv.
] For R-2 in IA/1149/2020
2. Mr. Manabendra Thakur, Adv .
]
O R D E R
Per: Harish Chander Suri, Member (Technical)
1.
The Court is convened by video conference today.
2.
This
is an application filed by the Liquidator seeking directions to the
Commissioner of Police, Bangaluru and the Office In-charge of Kamakshipalya
Police Station , Bengaluru to render necessary police help and protection to
the Respondent No.15 herein to enable it to enter into the factory premises of
the Corporate Debtor at Survey No. 2, Srigandadakavalu, Yeswanthpur, Hobi,
Bangalore North Taluk, (Sunkadakatte, Magadi Road) Bangalore- 560091; 58-
59,K.No.529/549, Sunkadakatte, Magadi Road, Bangalore- 560091;Survey
No.2, 1st Part, Srigandadakavalu, Yeswantpur,Hobli, Bangalore North Taluk,
(Sunkadakatte,
Magadi
Road)
Bangalore-560091
and
No.3,
Bruhath
Mahanagara
Palike
Administrative
surrounding,
Bangalore
North
Zone,
Yeshwantpur,
Hobli,
Hoysala
Nagar,
Assessment
#
2
property
via
3/1
numbered, Bangalore-560091 for dismantling and removal of the plant and
machineries lying thereat.
3.
It is further prayed that Respondent Nos.1 to 14 and their servants,
agents/ or assigns be directed not to cause any obstruction and hindrance in
dismantling and removal of the said plant and machineries by Respondent
No.15 lying at the above said premises.
4.
The brief facts of this case are that the application for initiation of CIRP
under Section 10 of the Insolvency and Bankruptcy Code, 2016 read with
Rule 7 of the Insolvency and Bankruptcy (Application to the Adjudicating
Authority) Rules, 2016 was filed by the corporate applicant being Bripranil
IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB)55/KB/2022
In
C.P (IB) No.198/KB/2018
_________________________________________________________________________________________________________
----------------------------------------------------------------------------------------------------------------------------
Page 3 of 9
Industries Ltd. ( hereinafter referred to as the ‘corporate applicant’). CIRP
commenced
by
an
order
dated
December
18,
2018
passed
by
this
Adjudicating Authority. A copy of the said order dated December 18, 2019
passed by this Adjudicating Authority is annexed as Annexure-A.
5.
It is submitted that subsequent to passing of the said order dated
December 18, 2019, pursuant to an application filed in the above matter
being, I.A. No. 1166/KB/2020, by another order dated January 11,2021, the
applicant herein was appointed as the liquidator in the matter. A copy of the
said order dated January 11,2021 is annexed as Annexure-B.
6.
It is submitted that after passing of the said order dated January
11,2021,
the
said
Liquidator
on
January
14,2021
caused
the
public
a
