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A. Srinivasan vs Pmi Engineering Exports Pvt. Ltd

National Company Law Appellate Tribunal11 February 2020

Ratio decidendi

The rule this decision rests on

The Tribunal records, without dispute, that the parties have entered into a memorandum of understanding, and on that basis disposes of the appeal without costs. Its order rests on no principle of law beyond that disposal: it gives no reasons on the merits of the appeal, construes neither Section 12A of the Insolvency and Bankruptcy Code, 2016 nor Regulation 30A, and decides no question of law. The grant of liberty to the appellant to file an application before the competent forum, and the direction that no Committee of Creditors be constituted pending that application, are consequential directions rather than reasoned rulings. NO_RATIO: The order disposes of the appeal on the basis of a consented memorandum of understanding between the parties, and states no reasoning or legal principle on the merits that could constitute a ratio.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 45 of 2020In the matter of:

A. Srinivasan ....Appellant

Vs.

PMI Engineering Exports Pvt. Ltd. ....Respondent

Present: Appellant: Ms. Anannya Ghosh, Advocate. Respondent: Mr. Aravindh S., Advocate for R-1. Mr. Siddharth Mehta, Advocate for R-2 (IRP).

ORDER

11.02.2020: Heard both sides. It is represented on behalf of the Appellant

as well as the 1st Respondent that a 'Memorandum of Understanding dated

7th February, 2020' was arrived at between the parties, which is not disputed.

The factum of 'Memorandum of Understanding dated 7th February, 2020' arrived

at between the parties is recorded.

Considering the fact that 'Memorandum of Understanding dated 7th

February, 2020' was arrived at between the parties, the present Appeal is

disposed of by this Appellate Tribunal, without costs. However, liberty is granted

to the Appellant to file a necessary application under Section 12A of the

Insolvency and Bankruptcy Code, 2016 coupled with Regulation 30A of

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for -2-

Corporate Persons) Regulations, 2016 before the Competent Forum and seek

redressal of its grievances, if he so desires/advised. The said application under

Section 12A of the Code is to be filed within one week from today. Till then the

'Committee of Creditors' will not be constituted by the Interim Resolution

Professional.

[Justice Venugopal M.] Member (Judicial)

[V. P. Singh] Member (Technical) am/sr/rr

Company Appeal (AT) (Insolvency) No. 45 of 2020

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