TaxTMI 
TaxTMI 
2025 (7) TMI 1464
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....d Mode ) [ Per : Justice Sharad Kumar Sharma, Member ( Judicial ) ] The Appellant is the Ex-Managing Director of M/s. Dewa Projects Pvt. Ltd., i.e., the Corporate Debtor. He questions the propriety of the Impugned Order, as it was rendered on 25.11.2021 in IA(IBA)/87/KOB/2021 as preferred in IBA/23/KOB/19, being the proceedings which were held under Section 33(1)(a) of the I & B Code, 2016. By the virtue of the Impugned Order passed, the Corporate Debtor was put into liquidation and Shri. Vinod Padinhare Veetil was appointed as liquidator. This order of appointment of the liquidator to carry out the liquidation process of the Corporate Debtor is subject matter under challenge in this instant Appeal. Primarily, in a nutshell, the basic....
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.... to initiate the CIRP Proceedings has already attained finality with the dismissal of the Civil Appeal by the Hon'ble Apex Court. The Appellant has come up with a case that, the Corporate Debtor, being a private limited company, stood incorporated under the provisions of the Companies Act, 1956, as back as on 12.04.2005, that it had entered into a development agreement with one M/s. Ansu Enterprises Pvt. Ltd. for the purpose of the construction of a residential building and that another structure has been covered by the development agreement dated 31.07.2010. It was submitted by the Appellant that, under the said project, the Corporate Debtor proposed to construct a multi-storage residential complex under the name and style of DEWA PIER 20.....
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....Appellant contends that, he had no knowledge regarding the process till he came to know about it on 23.11.2020 through the Financial Creditor only. 5. It is the case of the Appellant that, as against the order of 13.09.2019, he had approached before the NCLAT challenging the initiation of the CIRP Process, and appointment of IRP. The Appellate Tribunal dismissed the appeal on the ground of limitation itself vide order dated 07.12.2020, and the said order was affirmed in Civil Appeal No.4070/2020 by the Hon'ble Apex Court. It is rather admitted from the documents which have been placed on record that almost the same grounds, which were taken for the purpose of challenging the CIRP Proceedings which has attained finality by the Judgment of....
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....ole case records, ordered the Corporate Debtor i.e., M/s. Dewa Projects Private Limited to be put to liquidation under Section 33(1)(a) of the I & B Code and appointed the RP herein as liquidator vide order dated 25.11.2021. 8. This Company Appeal is filed against the said order of liquidation. When the Company Appeal was heard and the Respondents were noticed, they have put an appearance. The order sheet reflects that, most of the time hearing on this instant Appeal has been adjourned at the behest of the Appellant and was never argued. The Respondent No.2 have filed a Counter Affidavit dated 31.12.2022 which states that in the absence of there being an Interim Order passed by this Appellate Tribunal, the Resolution process was continue....