W.P.(C)--5467/2019. Case: AMIRA PURE FOODS PRIVATE LIMITED Vs. CANARA BANK AND ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--5467/2019 |
| Citation | NA |
| Judgement Date | May 20, 2019 |
| Court | High Court of Delhi (India) |
Date of Decision: 20.05.2019
+ W.P.(C) No.5467/2019
AMIRA PURE FOODS PRIVATE LIMITED ..... Petitioner
Through Mr.Ashish Makhija, Adv.
versus
CANARA BANK AND ORS. ..... Respondents
Through Mr.Vijay Kumar, Adv. for R-1.
Mr.Anshul Sehgal, Adv. for R-2. Ms.Hina Bhargava, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI
VIPIN SANGHI, J (ORAL)
C.M. No.23979/2019
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Exemption allowed, subject to all just exceptions. W.P.(C) No.5467/2019
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Issue notice. Mr.Vijay Kumar, Advocate accepts notice for respondent no.1; Mr.Anshul Sehgal, Advocate for respondent no.2 & Ms.Hina Bhargava, Advocate for respondent no.3.
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The petitioner, who is the corporate debtor, has approached this Court though the Interim Resolution Professional/Resolution Professional (hereinafter referred to as “IRP/RP”) appointed by National Company Law Tribunal (NCLT) under the Insolvency & Bankruptcy Code, 2016 with the prayer to set aside the order dated
22.04.2019 passed by learned Debt Recovery Appellate Tribunal (DRAT) in Miscellaneous Appeal No.548/2018, arising out of OA
Tribunal (DRT) under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, by preferring the aforesaid OA No.569/2018. Arising from those proceedings, the matter reached the DRAT. The DRAT vide its order dated 15.11.2018, appointed respondent nos.2 & 3 as Joint Court Commissioners to inter alia take over the assets of the petitioner, including the perishable assets, i.e. grains, as also its other assets. Soon thereafter, in proceedings before the NCLT, in relation to the petitioner company, the IRP/RP was appointed on 11.12.2018. With a view to fulfil its mandate in a time bound manner, as prescribed under the Insolvency and Bankruptcy Code, 2017, the IPR/RP approached the DRAT for taking over the godowns/properties of the Corporate Debtor, including its plant, machinery, mortgaged properties and stocks of grain etc., and prayed for an early hearing. Pertinently, the Canara Bank, which is the lender and the initiator of the Original Application, also consented to the said application being allowed. However, the DRAT did not consider the application for early hearing moved by the IRP/RP and the proceedings were adjourned. Consequently, the corporate debtor acting through the IRP/RP, preferred W.P(C) No.3619/2019 before this Court, which writ petition was disposed of by us vide order dated 01.04.2009 in the following terms:-
“Though notice could not issue in...
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