State Bank Of India v. Unity Infraprojects Ltd. (Cin L99999mh1997plc107153)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.544 OF 2014 WITH COMPANY APPLICATION NO.682 OF 2015 IN COMPANY PETITION NO.544 OF 2014 L and T Finance Limited ....Petitioner Vs.

Unity Infraprojects Limited ....Respondent ---- Ms. S.I. Joshi i/b. S.I. Joshi and Co. for petitioner in CP/544/2014. Mr. Kunal Chheda i/b. M.V. Kini and Co. for applicant in CA/682/2015. Ms. Mansi Nair i/b. Naik Naik and Co. for respondent. ---- CORAM : K.R.SHRIRAM, J.

DATE : 22nd JUNE, 2018 P.C.:

COMPANY APPLICATION NO.682 OF 2015 Mr. Chheda, counsel for applicant seeks leave to withdraw the application.

Application dismissed as withdrawn.

COMPANY PETITION NO.544 OF 2014 Ms. Nair, counsel for the company states that National Company Law Tribunal had granted moratorium pursuant to order dated 28th June 2017 on an application filed under Section 10 of the Insolvency and Bankruptcy Code 2016 by the company. Ms. Nair states that after the moratorium period got over, the Insolvency Resolution Professional (IRP) has filed an application to liquidate the company. That application Ms. Nair Gauri Gaekwad

2/2 32.CP-544-2014.doc states is listed today.

Stand over to 29th June 2018 on which date IRP shall remain present in Court either in person or through duly authorised advocate and give status on the proceedings before NCLT.

Ms. Nair states that she will communicate this order to IRP today itself over telephone and in writing.

In view of this situation, Ms. Joshi, counsel for petitioner states that she will take instructions from petitioner as to whether petitioner will file an application for transfer of these proceedings to NCLT in view of the recent amendment to Section 434 of the Companies Act, 2013. (K.R. SHRIRAM, J.) Gauri Gaekwad