National Company Law Appellate Tribunal

SREI Equipment Finance Ltd. vs Shree Shankar Infratech Pvt. Ltd. & Ors. on 28 February 2020

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Insolvency) No. 341 of 2020

In the matter of:

SREI Equipment Finance Ltd.

....Appellant

Vs.

Shree Shankar Infratech Pvt. Ltd. & Ors.

....Respondents

Present:

Appellant:

Mr. Abhijeet Sinha, Mr. Saikat Sarkar and Ms. Arushi Mishra, Advocates.

Respondents:

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ORDER

28.02.2020: Since, in the Corporate Insolvency Resolution Process the parties have settled the claim before the Adjudicating Authority through mechanism available under Section 12A with 100% voting share of the Committee of Creditors, we find no merit in this appeal. Appeal is accordingly dismissed. However, this shall not preclude the Appellant from approaching the Adjudicating Authority with a proper application, if the cause survives.

[Justice Bansi Lal Bhat] Member (Judicial)

[V. P. Singh] Member (Technical)

[Alok Srivastava] Member (Technical) am/nn

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