Hdfc Bank Limited v. Sterling Biotech Limited Cin Nol51900mh1985plc035738
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 21 OF 2017 WITH COMPANY APPLICATION NO. 116 OF 2017 IN COMPANY PETITION NO. 21 OF 2017 HDFC Bank Ltd.
.. Petitioner Vs.
Sterling Biotech Limited .. Respondent WITH COMPANY PETITION NO. 217 OF 2015 JP Morgan Chase Bank NA .. Petitioner Vs.
Sterling Biotech Limited .. Respondent WITH COMPANY PETITION NO. 729 OF 2015 Life Insurance Corporation of India .. Petitioner Vs.
Sterling Biotech Limited .. Respondent WITH COMPANY APPLICATION (LODG.) NO. 199 OF 2018 IN COMPANY PETITION NO. 729 OF 2015 Andhra Bank .. Petitioner Vs.
Sterling Biotech Limited .. Respondent Mr.Dharam Jumani a/w. Ms.Namita Shetty i/b Cyril Amarchand Mangaldas for petitioner in CP/21/2017.
Mr. Sameer Bindra i/b Juris Corp Advocates for petitioner in CP/217/2017. Ms.Shikha Sethia i/b Radeep Lahiri i/b Singhania Legal Services for petitioner in CP/729/2015.
Ms.Pooja Kshirsagar i/b AZB and Partners for applicant in CAL/199/2018 (Andhra Bank).
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CORAM : K.R.SHRIRAM, J.
DATE : 11TH JUNE 2018 P.C.
COMPANY APPLICATION NO. 116 OF 2017 At the outset, Shri Jumani appearing for HDFC Bank Limited, on instructions, states that the National Company Law Tribunal, Mumbai (NCLT) has admitted the petition filed by Andhra Bank by an order passed today, i.e., 11th June 2018 and has granted a moratorium. Shri Jumani states HDFC Limited will file an application for transfer of their petition to NCLT so that NCLT may consider that petition as an application for initiation of corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016. Ms.Kshirsagar for applicant in Company Application (Lodg.) No.199 of 2018 in Company Petition No.
729 of 2015 states that the question of NCLT considering the petition as application for initiation of corporate insolvency under the Insolvency and Bankruptcy Code does not arise because Andhra Bank petition has already been admitted by NCLT and it would serve no purpose in filing such application for transferring the petition. Shri Jumani states that he will file the formal application and the Court may pass appropriate directions. COMPANY PETITION NO. 729 OF 2015 Ms.
Resolution Professional (IRP). The IRP to consider the same in accordance with law.
Petition dismissed as withdrawn with liberty as sought. COMPANY PETITION NO. 217 OF 2015 Shri Bindra appearing for petitioner states that petitioner will file a transfer application similar to the one suggested by Shri Jumani above. Ms.Kshirsagar states that her submissions are the same as made in HDFC petition, i.e., Company Petition No.21 of 2017. COMPANY APPLICATION NO.116 OF 2018 IN COMPANY PETITION NO.21 OF 2017 In view of the order passed by NCLT, Shri Jumani states nothing survives in this application and seeks leave to withdraw the application. Company application dismissed as withdrawn.
Company Petition No.21 of 2017 and Company Application (Lodg.) No.199 of 2018 in Company Petition No.217 of 2015 be listed on 18th June 2018.
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All office objections to be removed and application to be numbered before the next date.
(K.R. SHRIRAM, J.) 4/4