2025 (5) TMI 2008

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.... Member (Judicial), [Justice Mohammad Faiz Alam Khan] Member (Judicial) And [Naresh Salecha] Member (Technical) For the Appellant : Mr. Puneet Singh Bindra, Ms. Charu Modi, Mr. Rishabh Gupta, Ms. Kriti Dang, Ms. Shanaya Shukla, Ms. Sukriti Seth, Advocates For the Respondents : Ms. Pooja Agrawal, Mr. Rajesh Kr. Agrawal, Advocates for R-2 ORDER ( Hyrid Mode ) IA No. 3131 of 2025 - This applic....

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....t has drawn our attention to paragraph 17 (x) in which it has been held that "All proceedings now pending by or against the amalgamating company shall be continued by or against the amalgamated company". Issue notice in the application. Counsel for the Non-Applicant/Respondent has not raised any objection. Therefore, the application is allowed. The name of appellant is now substituted from Adity....

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....der: "42. Learned Counsel for the Appellant has relied on judgment of NCLT Kolkata Bench in Aditya Birla Finance Ltd. vs. Sarita Mishra 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 A....

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....the same date, on which judgment of Aditya Birla Finance Ltd. was delivered. In the said judgment also the same view was taken by the NCLT Kolkata Bench while dismissing Section 95 Application filed by the Financial Creditor. The above two judgments, delivered by NCLT Kolkata Bench are in teeth of binding judgments of State Bank of India vs. Mahendra Kumar Jajodia and Mahendra Kumar Agarwal vs. PT....