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Randhiraj Thakur vs Jindal Saxena Financial Services Pvt. ...

National Company Law Appellate Tribunal5 October 2018

Ratio decidendi

The rule this decision rests on

Where the corporate insolvency resolution process has been declared illegal and set aside in an earlier decision of the Appellate Tribunal, an order of liquidation that rests on that process cannot stand and must be set aside.

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. 468 of 2018IN THE MATTER OF:

Randhiraj Thakur ...Appellant

Vs

M/s Jindal Saxena Financial ....Respondents Services Private Limited & Anr

Present:

For Appellant: Dr. U.K. Chaudhary, Senior Advocate with Ms. Gauri Rishi and Ms. Srishiti Juneja, Advocates

For Respondents: Mr. Himanshu Gupta, Advocate for Respondent No. 1 Mr. Satendra K. Rai, Advocate for Respondent No. 3

Ms. Amrita Singh and Anshyl Syal, Advocates for HDFC Ltd.

Mr. Sanjay Aggarwal- Liquidator

ORDER

05.10.2018 This appeal has been preferred by Randhiraj Thakur, Director

Mayfair Capital Private Limited against order dated 4th July, 2018 whereby the

Adjudicating Authority (National Company Law Tribunal), Principal Bench, New

Delhi passed the order of liquidation.

Learned Counsel for the Appellant brought to our notice the decision

of this Appellate Tribunal in Company Appeal(AT)(Insolvency) Nos. 32 & 50 of

2018 titled "Randhiraj Thakur Vs. Jindal Saxena Financial Services Private

Limited and Anr." wherein this Appellate Tribunal by Judgement dated 18th

September, 2018 held that initiation of 'corporate insolvency resolution process'

Company Appeal(AT)(Insolvency) No. 468 of 2018 Page 1 of 2 as illegal and set aside the same. As the 'corporate insolvency resolution process'

has been declared illegal and set aside, we have no other option but to set aside

the order of liquidation and therefore we set aside the impugned order dated 4th

July, 2018.

Appeal is allowed with the aforesaid observations.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial) Akc/Gc

Company Appeal(AT)(Insolvency) No. 468 of 2018 Page 2 of 2

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