M/S Numero Uno International Ltd v. Prasar Bharati
$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 496/2016 M/S NUMERO UNO INTERNATIONAL LTD.
..... Petitioner Through:
Mr. Aaditya Vijay Kumar, Ms. Liza Baruah and Mr. Divyanshu Bhadari, Advocates. (M:8109586292) for IRP - Mr. Uday Shah.
versus PRASAR BHARATI ..... Respondent Through:
Mr. Rajeev Sharma, Mr. Rajat Krishna and Mr. Saket Chandra, Advocates.
(M:9560058422) AND + OMP (ENF.) (COMM.) 153/2016 PRASAR BHARATI ..... Petitioner Through:
Mr. Rajeev Sharma, Mr. Rajat Krishna & Mr. Saket Chandra, Advs.
versus NUMERO UNO INTERNATIONAL LTD.
..... Respondents Through:
Mr. Aaditya Vijay Kumar, Ms. Liza Baruah and Mr. Divyanshu Bhadari, Advocates. (M:8109586292) for IRP.
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 23.01.2019 1.
Learned counsel for the Interim Resolution Professional ('IRP') has put in appearance. Copy of order dated 4th September, 2018, has been placed on record, by which the NCLT, Mumbai Bench has appointed an Official Liquidator to take charge of the affairs of Numero Uno International Ltd. Relevant portion of the said order is extracted hereinbelow: "2.
On perusal of this application, this Bench has noticed that Section 10 Petition filed by the Corporate Debtor has been admitted on 11.09.2017 and Mr. Uday Vinodchandra Shah was appointed as Interim Resolution
Profession (IRP), in pursuance thereof, on 23rd September 2017, IRP issued public announcement u/s.15 of the Code, inviting claims from the creditors. As there was nether any response from financial creditors nor operations creditors, the IRP issued a notice on 09.10.2017 to an operations creditor of the Corporate Debtor namely; Doorsarshan, which prima facie has an outstanding of ₹7,31,37,200 to submit its claim before the IRP. Since there was no response from Doordarshan, IRP filed MA No.568/2017 before the Tribunal for appropriate directions since no claims were received from the creditors of the Corporate Debtor, for constitution of the Committee of Creditors as mandated u/s 21 of the Code.
.......................
7. On perusal of this application filed by the RP, this Bench having noticed that the CoC approved resolution unanimously for liquidation of this company under Section 33(2) of IB Code, 2015 and the Regulations thereof, this Bench hereby orders as follows: a. That the Corporate Debtor be liquidated in the manner as laid down in the Chapter by issuing a Public Notice stating that the Corporate Debtor is in liquidation with a direction to the Liquidator to send this order to RoC under which this Company has been registered. b. As to appointment of Liquidator, the Resolution Profession i.e., the applicant herein is hereby directed to act as a Liquidator for the purpose of liquidation of Corporate Debtor company with all powers as envisaged in the Code."
2.
The claims of Prasar Bharati, if any, may now be filed before the Official Liquidator. Copy of the order dated 4th September, 2018 has already been supplied to Mr. Rajeev Sharma, learned counsel for Prasar Bharati. Order dated 4th September, 2018 is taken on record. Both these petitions are, accordingly, disposed of in the above terms.
PRATHIBA M. SINGH, J.
JANUARY 23, 2019/dk