TaxTMI 
TaxTMI 
2022 (6) TMI 717
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....ginal Financial Creditor Arrow Engineering Limited seeking following prayers: (i) Allow the present application; (ii) Commence the Corporate Insolvency Resolution Process of the Corporate Debtor in terms of order dated 02.12.2021 of the Hon'ble NCLAT, New Delhi Bench, in Company Appeal (AT) (Insolvency) No. 183 of 2021 and pass consequential orders. (iii) Pass any further order(s)/direction(s) as may deem fit to this Hon'ble Tribunal. 2. While disposing of this application alongwith main insolvency application u/s. 7 of the Code, the background of the matter is required to be delved into. 3. IB Application No. 268/09/NCLT/AHM/2020 was filed by Arrow Engineering Limited, a Financial Creditor against the Golden Tobacco Limited....
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....d learned counsel for the parties at length and find no reason to interfere in the order impugned dated 02.12.2021 passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi in Company Appeal (AT) (Insolvency) No. 183 of 2021. 5. In view of the order passed by the Hon'ble NCLAT and Hon'ble Supreme Court, the Financial Creditor present applicant has filed this application with above mentioned prayers. 6. The application was listed from time to time and on 13.05.2022, IA 830 of 2021 was argued before us for passing appropriate orders. At this stage, Learned Sr. Counsel appearing for 25% shareholders of the Corporate Debtor sought indulgence stating that these shareholders are endeavouring to pay the debt of t....
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....octrine of Merger, order of Hon'ble NCLAT merged into the order of Hon'ble Supreme Court on 05.05.2022 and one month period mentioned in the order of Hon'ble NCLAT giving liberty to the parties to enter into settlement be considered from 06.05.2022. 9. We rely on Doctrine of Merger with observations of Hon'ble Supreme Court and Hon'ble High Court in various matters which are mentioned below: a) In Gojer Bros (P) Limited. Vs. Ratan Lal Singh and further in A.V. Papayya Sastry Vs. Government of Andhra Pradesh reported in (2007) 4 SCC 221, 236. The relevant para is reproduced herein under: "38.....All orders passed by the courts/authorities below, therefore, merge in the judgment of this Court and after such judgment, ....
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....urt". 11. As a sequel to above discussion and in compliance of the order dated 02.12.2021 passed by the Hon'ble NCLAT which is merged in the order passed by Hon'ble Supreme Court dated 05.05.2022, this application is admitted and moratorium as described under Section 14 of IBC, 2016 is triggered from the date of this order. The IRP as proposed by the Financial Creditor Mr. Vichitra Narayan Pathak having registration No. IBBI/IPA-001/IP-P01353/2018-2019/12063 is hereby appointed as IRP of the Corporate Debtor Golden Tobacco Limited whose consent in Form 2 is on record. IRP shall comply the provisions of the IBC, 2016 r/w rules and regulations framed thereunder. 12. We direct the Financial Creditor to deposit a sum of Rs. 2.00 lacs ....