NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH, COURT-II

12. IA 1250/2020, IA 48/2021, IA 1319/2020, IA 2527/2020,

IA 1496/2020, IA 2138/2020, IA 2133/2020, IA 230/2021,

IA 2528/2020 IN CP(IB)/1545/MB/2019

CORAM:

SHRI SHYAM BABU GAUTAM JUSTICE P. N. DESHMUKH (Retd.)

HON’BLE MEMBER (T)

HON’BLE MEMBER (J)

ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE

NATIONAL COMPANY LAW TRIBUNAL ON 25.02.2022

NAME OF PARTIES: - IA 1250/2020 Palak Swapnil Desai..Applicant

Vs

Deputy Commissioner of Income Tax

____________________________________________________

IA 48/2021 Primarc Pecan Retail Pvt. Ltd.

____________________________________________________

IA 1319/2020 Palak S. Desai

V/s

Orix Leasing and Financial Services India Ltd & Ors.

Palak Swapnil Desai

___________________________________________________

IA 2527/2020 Palak Swapnil Desai..Applicant

V/s

RBL bank & Ors

____________________________________________________

IA 1496/2020 Palak S. Desai

V/s

Kunal Jiwarajka & Ors.

_____________________________________________________

IA 2138/2020 Palak Swapnil Desai

V/s

Kunal Jiwarajka & Ors

_______________________________________

IA 2133/2020 Palak Swapnil Desai

V/s

Kunal Jiwarajka & Ors

____________________________________________________

IA 230/2021 Palak Desai

V/s

Tristar Tradelink Pvt. Ltd.

____________________________________________________

IA 2528/2020 Palak Swapnil Desai

V/s

RBL Bank Ltd

..2..

..2..

IN THE MATTER OF

Bombay Sales Agency

V/s

Jsk Marketing Ltd.

APPEARANCE :

FOR APPLICANT : Counsel Mr. Jehaan Mehta for Applicants in

IA 1250/2020, IA 48/2021, IA 1319/2020, IA 2527/2020,

IA 1496/2020, IA 2138/2020, IA 2133/2020, IA 2528/2020

FOR RESPONDENT : Counsel Mr. Prakash Shinde R.1 – IA-

2528/2020.

Counsel Mr. Ajit Singh Tawar for Respondent no. 4 & 5 in

IA/48/2021

Counsel Mr. Shaikh Ishrat for Respondent IA No.1319/2020

Counsel Mr. Amir Arsiwala – RP in IA-2133/2020

Section: 7 of the Insolvency and Bankruptcy Code, 2016

ORDER

The matter is taken up through Virtual Hearing (VC).

IA-1319/2020 – This IA is filed by the RP of the Corporate Debtor under

sections 43, 66 read with section 25(2(ii) and Section 67 read with

Section 70 of the Insolvency and Bankruptcy Code, 2016. It is brought

to our notice that Respondent No.1 has been served and they have also

filed their Reply.

The Counsel appearing for the RP submits that Respondent No.2

tried to be served, however the notice sent to Respondent No.2 have

returned back and hence they want to effect service against the

Respondent No. 2 by way of newspaper publication. The RP is directed

to issue newspaper publication to Respondent No.2 in two daily

newspapers one in English (Business Standard) and another in

vernacular i.e. (Marathi) having wide circulation in the vicinity

“Loksatta” within four weeks. The RP is directed to file affidavit of

service enclosing therewith the copies of newspaper clippings of the two

…3…

…3…

newspapers publication, two days before the next date of hearing.

IA-2527/2020 – – This IA is filed by the RP of the Corporate Debtor

under sections 25(2(a) and Section 66 of the Insolvency and Bankruptcy

Code, 2016. It is brought to our notice that except Respondent No. 7

all the other respondents arrayed as party in the IA have been served.

The Counsel appearing for the RP submits that they want to effect

service against the Respondent No. 7 by way of newspaper publication.

The RP is directed to issue newspaper publication to Respondent No.7

in two newspapers one in English “Business Standard” and another in

vernacular i.e. (Marathi) having wide circulation in the vicinity

“Loksatta” within four weeks. The RP is directed to file affidavit of

service enclosing therewith the copies of newspaper clippings of the two

newspapers publication two days before the next date of hearin