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Court closes writ petition on liquidation order; JDGFT urged to assert claims. The High Court closed the writ petition concerning the liquidation order by NCLT. The Resolution Professional notified JDGFT about the liquidation, but ...
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Court closes writ petition on liquidation order; JDGFT urged to assert claims.
The High Court closed the writ petition concerning the liquidation order by NCLT. The Resolution Professional notified JDGFT about the liquidation, but JDGFT did not respond. The court stated JDGFT can take necessary actions to assert claims before authorities and closed the Miscellaneous Petition without costs.
Issues: - Liquidation order by NCLT - Notice issued to JDGFT - Response from JDGFT
Analysis: The judgment revolves around the liquidation of the petitioner company as ordered by the National Company Law Tribunal (NCLT) in a previous decision. The NCLT's order for liquidation was passed under Section 33(2) of the Insolvency and Bankruptcy Code, 2016. Mr. K.C. Senthil Kumar was appointed as the Liquidator to oversee the liquidation process. The petitioner filed a memo stating the details of the NCLT's order and the appointment of the Liquidator. The Resolution Professional, on behalf of the petitioner, issued a notice to the Joint Director General of Foreign Trade (JDGFT) on 04.06.2020 regarding the liquidation order. However, the JDGFT did not respond to the notice.
The High Court, considering the liquidation order by the NCLT, decided to close the writ petition. It was noted that the Resolution Professional had duly notified the JDGFT about the liquidation, and the JDGFT did not appear in response. The court mentioned that the JDGFT is free to take necessary actions, as per the law, to assert any claims before the authorities. The judgment concluded by closing the connected Miscellaneous Petition without imposing any costs.
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