2025 (5) TMI 2008

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.... Agrawal, Advocates for R-2 ORDER ( Hyrid Mode ) IA No. 3131 of 2025 - This application is filed by the appellant seeking substitution of the name of the present appellant Aditya Birla Finance Ltd. with Aditya Birla Capital Ltd. and to take on record the amended memo of parties accordingly. Counsel for the appellant has submitted that in CP (CAA)/6(AHM)2025 in CA (CAA)/49(AHM)2024, titled as 'Aditya Birla Finance Ltd. vs. Aditya Birla Capital Ltd.', Petition filed under Sections 230 to 232 of the Companies Act. 2013 (for short 'the Act') read with Rule 3 of the Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016 (for short 'the rules'). Aditya Birla Finance Ltd. has been amalgamated in Aditya Birla Capital Lt....

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....shra and Tata Capital Financial Services Ltd. vs. Arjun Agarwal. Coming to the judgment of NCLT in Aditya Birla Finance Ltd. vs. Sarita Mishra, the said proceeding was initiated by Financial Creditor against Personal Guarantor under Section 95, sub-section (1). The Application came to be rejected by NCLT Kolkata Bench, holding that NCLT shall have jurisdiction only when the proceedings for insolvency resolution or liquidation is pending against the Corporate Debtor and the Application under Section 95 filed by the Financial Creditor was dismissed. It is relevant to notice that NCLT Kolkata Bench had noticed the judgments of this Tribunal in State Bank of India vs. Mahendra Kumar Jajodia as well as Mahendra Kumar Agarwal vs. PTC India Financ....