Amresh Shukla Liquidator For M/S ... vs Canara Bank Ltd. & Ors
- CitationCOMPANY APPEAL (AT) (INS) No.547 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal may expunge adverse remarks made against an insolvency professional in an impugned order where the grounds for those remarks have since been withdrawn by the affected party and the underlying object of the proceedings, the completed sale of the corporate debtor's assets, has been achieved, so that retaining the remarks serves no useful purpose.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Amresh Shukla Liquidator Girdharilal Sugar and Allied Inds Ltd (in Liquidation) Appellant
Vs Canara Bank Ltd & Ors Respondent For Appellant:Mr Bishwajit Dubey, Kr Kaustubh Rai, Mr Ambuj Swaroop, Advocates. For Respondent:Mr Hitesh Sachar, Ms Anju Jain, Ms Deeksha Kinjrani, Advocates for R1. Mr Amresh Shukla, Liquidator. ORDER
HYBRID MODE 28.07.2025: IA No.4283/2025:This application is moved by the applicant to
bring on record additional documents/facts. It is submitted in the 10th meeting
of the Stakeholders Consultation Committee (SCC) held on 31.05.2025 both
Respondent No.8 and 9 were present physically for negotiation on the sale of the
Corporate Debtor and ultimately Respondent No.8 was declared as a successful
bidder/buyer. On 03.06.2025 Respondent executed the letter of intent towards
purchase of the Corporate Debtor. Further it is also part of the application that
distribution of proceeds to the Respondent No.1 was made in December 2022
and was done prior to the order dated 06.01.2023 vide which the Ld. NCLT had
stayed the entire proceedings and thus the said distribution was in accordance 2
with the law and that on 30.06.2025 the Respondent No.8 remitted the entire
sale proceeds for the purchase of the Corporate Debtor. On 05.07.2025 the sale
certificate and possession letter were issued to the Respondent No.8 and the sale
of corporate debtor to the Respondent No.8 stood complete. Part of the proceeds
received from the Respondent No.8 has also been distributed to the members of
the SCC. The Respondent No.9 had also issued an email on 19.07.2025 to the
appellant stating inter alia there is no objection to the conduct of the appellant
and it withdrew all allegations against the appellant. It is the submission of the
learned counsel for the appellant as the allegations have since been withdrawn,
this Tribunal may expunge the remarks made by Ld. NCLT against him in paras
12, 13 and 15.
Considering the facts viz the Corporate's property is now sold, Respondent
No.9 has no objection to such sale, hence, there is no use to retain adverse
remarks against the liquidator. The remarks against him as are in paras 12, 13
and 15 of the impugned order are thus expunged. The appeal is disposed in
terms of the above. Pending applications are also closed.
(Justice Yogesh Khanna) Member (Judicial)
(Mr. Indevar Pandey) Member (Technical) Bm/md
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