9911796707
TMI Blog2019 (1) TMI 2002X X X X Extracts X X X X X X X X Extracts X X X X ..... ained pending on abolition of BIFR by Sick Industrial Companies (Special Provisions) Repeal Act, 2003 - HELD THAT:- The Notification dated 24th May, 2017 issued by the Central Government was referred before this Appellate Tribunal in M/s. Spartek Ceramics India Ltd. Vs. Union of India Ors [ 2018 (6) TMI 350 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] wherein this Appellate Tribunal held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (Judicial) For the Appellant: Mr. Sudhir K. Makkar, Senior Advocate assisted by Mr. Anurag Kishore, Ms. Saumya Gupta, Ms. Niharika Sharma, Advocates. For the Respondent 1: Mr. Neeraj Chaudhry, Advocate. ORDER The Respondent- 'M/s. Neycer India Ltd.' filed a petition bearing C.P. No. 664 of 2007 before the 'Board for Industrial and Financial Reconstruction' ("BIFR" for short), Chen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanctioned scheme which may continue to be implemented qua the other parties. The petition and the application stand disposed of." 3. However, 'BIFR' being abolished by the 'Sick Industrial Companies (Special Provisions) Repeal Act, 2003, the matter remained pending. The Central Government issued Notification dated 24th May, 2017 titled 'The Insolvency and Bankruptcy Code (Removal of Difficul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority that the application was not maintainable, which was accordingly rejected by the impugned order dated 13th April, 2018. 5. The aforesaid Notification dated 24th May, 2017 issued by the Central Government was referred before this Appellate Tribunal in M/s. Spartek Ceramics India Ltd. Vs. Union of India & Ors- Company Appeal (AT) (Insolvency) No. 160 of 2017 etc." wherein this Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cs India Ltd. Vs. Union of India & Ors." (Supra), we set aside the impugned order dated 13th April, 2018 passed by the Adjudicating Authority, Single Bench, Chennai, being without jurisdiction. The application is not maintainable. However, it will be open to the Respondent to move before the appropriate forum for appropriate relief which may decide the same uninfluenced by the decision of this App ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
