2019 (4) TMI 1909

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....vener. JUDGMENT This appeal has been preferred by the Appellant Sunil Tandon, shareholder of M/s Radhey Sham Tandon (MFG) Pvt. Ltd. against order dated 13th March, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which reads as follows:- ORDER CA-444(PB)/2019:- We have been informed that the CoC has been constituted on 01.03.2019. The ratio of the judgment of Honble the Supreme Court in para 52 rendered in the case of Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India and Ors. (25.01.2019 delivered in Writ Petition (C) No. 99 of 2018) would have not applicable to the present application. Accordingly, the application is not maintainable and stands dismissed. 2....

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....a) and the Adjudicating Authority should have exercised its inherent power and closed the application under Section 7. 5. Mr. Sabhya Chaudhary, learned counsel appearing on behalf of the Resolution Professional submits that the Committee of Creditors was constituted on 1st March, 2019. However, we have noticed the aforesaid fact in the preceding paragraph. Learned counsel for Respondent Financial Creditor submits that fee and resolution cost payable to the Resolution Professional has already been paid. 6. Mr. Arvind Sinha, Advocate wants to file an intervention application on behalf of one of the Financial Creditor. However, in view of the settlement reached such prayer is not allowed. If any Financial Creditor wants to file claim aga....

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.... Bo/RRL/Munirka M/S Radhe sham Tandon (MFG) Pvt Ltd 6189, Nawab Road, Sadar Bazar Delhi-110006 ओ.बी.सी. Annexure-8. ORIENTAL BANK OF COMMERCE (A GOVERNMENT OF INDIA UNDERTAKING) Resolution Recovery & Law Sub Cluster Office: 92/E1, R K Market Munirka, New Delhi-110067 Ph. 26108530, 26108531 MAIL ID-rrl [email protected] Date-20.02.2019 Dear Sir, REG-ONE TIME SETTLEMENT IN M/S RADHESHYAM TANDON (MFG) PVT LTD AND VEENA TANDON HOUSING/LOAN Please refer your OTS Proposal dated 10.12.2018 with an offer amount Rs 14.00 Crore. We have advised you vide our letter dated 03.01.2019 to deposit Rs 70.00 lacs with us ie 5% of offer amount to process your settlement propo....