Page 271 - IBC Orders us 7-CA Mukesh Mohan
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Order Passed Under Sec 7
Hon’ble NCLT Ahmedabad Bench
IN THE NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
C.P. (I.B.) No. 54/7/NCLT/AHM/2017
Decided On: 17.08.2017
Applicant: Axis Bank Limited
Vs.
Respondent: Keti Highway Developers Private Limited
Judges/Coram:
Bikki Raveendra Babu, Member (J)
Counsels:
For Appellant/Petitioner/Plaintiff: Ameya Gokhale, Learned Advocate, Pulkitesh Tiwari, Nirag Pathak,
Shalin Jani, Learned Advocates on behalf of and Shardul Amarchand Mangaldas & Co.
For Respondents/Defendant: Saurabh Soparkar, Learned Senior Counsel, Kunal Vaishnav and Atul
Nema, Learned Advocates
ORDER
1. The Applicant Bank, originally filed Company Petition No. 47 of 2016 before the Hon'ble High Court
of Madhya Pradesh, at Indore Bench against Respondent under Section 433(e) and (f), 434 and 439 of the
Companies Act, 1956 read with Rule 9 of the Company Court Rules, 1959. The Hon'ble High Court of
Madhya Pradesh, Indore Bench, transferred the above said Petition to the National Company Law
Tribunal, Ahmedabad Bench in view of Rule 5 read with Rule 7 of the Company (Transfer of pending
Proceedings) Rules, 2016. Thereafter, Applicant furnished further information and filed the necessary
Forms before this Tribunal which came to be registered as "CP (IB) No. 54 of 2017".
2. The case of the Applicant Company, in brief, is as under;
2.1 The Applicant Bank is a Banking Company within the meaning of Section 5(c) of the Banking
(Regulation) Act, 1949 having its Registered Office at Trishul, Law Garden, Ahmedabad, Gujarat and
Corporate Office at Axis House, Worli, Mumbai. Shri Sumit Sharma, Branch Manager of the Applicant
Bank, Indore, is authorised to file this Petition by way of General Power of Attorney dated 22nd May,
2011.
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