Page 271 - IBC Orders us 7-CA Mukesh Mohan
P. 271

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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