M/S Aggarwal Industries v. M/S Hindustan Paper Corporation Ltd

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 695/2011, IAs 18556/2013, 21184/2013, 16916/2014, 295/2015 & 5081/2015 M/S AGGARWAL INDUSTRIES ..... Plaintiff Through:

Mr. Shiv Charan Garg, Adv. with Mr. Imran Khan, Adv.

versus M/S HINDUSTAN PAPER CORPORATION LTD ..... Defendant Through:

Mr. Vivek Sibal, Adv. with Mr. Jitender Ratta, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 30.09.2019 Mr. Sibal states, as per his instructions, the plaintiff herein has submitted a claim to the Liquidator appointed by NCLT, Delhi for Rs.3,98,36,464.79/-. He states, the Liquidator shall consider the claim of the plaintiff on merit and pass an order after giving a hearing to the plaintiff. He also states, if the plaintiff has any grievance, he has a remedy of appeal under the Insolvency and Bankruptcy Code, 2016. On this submission of Mr. Sibal, Mr. Garg states that a time period be fixed for the Liquidator, to take a decision on the claim. Noting the above submissions, it is directed that the Liquidator shall consider the claim of the plaintiff and pass an order within five weeks, as an outer limit, by giving a hearing to the plaintiff, on a date and time to be informed to the plaintiff. A decision thereof shall be communicated to the

plaintiff within two weeks thereafter.

It goes without saying, if the plaintiff has any grievance against the order, to be passed by the Liquidator, it shall seek such remedy as available, including the remedy of appeal under the Insolvency and Bankruptcy Code, 2016.

The suit and connected applications are disposed of. It is made clear that this order has been passed in the facts of this case and shall not be treated as a precedent.

V. KAMESWAR RAO, J SEPTEMBER 30, 2019/ak