IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI
COURT-IV
ITEM No. 405
IA/2229/ND/2025 IN IB/43/ND/2024
IN THE MATTER OF:
Srei Equipment Finance Limited .... Applicant
Versus
Nurit Properties Private Limited Respondent
Under Section 7 of the Insolvency & Bankruptcy Code, 2016
Order delivered on 14.05.2025
CORAM:
SHRI MANNI SANKARIAH SHANMUGA SUNDARAM
HON'BLE MEMBER (JUDICIAL)
SHRI ATUL CHATURVEDI
HON'BLE MEMBER (TECHNICAL)
HYBRID HEARING (PHYSICAL & VC)
PRESENT:
For the Applicant : Mr. Sanjiv Sen, Sr. Advocate, Mr. Arijit Mazumdar, Mr.
Shambo Nandy, Ms. Anoushka Bey, Mr. Prahalad
Balaji, Ms. Anjali Singh, Mr. Pragyan Mishra, Advocates
For the Respondent : Mr. Abhishek Anand, Advocate
ORDER
In this matter, by order dated 19.02.2024, notices were issued to the
respondents and one-week time was granted to the respondents to file reply.
Further, on 18.04.2024, Ld. Counsel for the applicant submitted that they have
served the copy of the application on 03.03.2024 to Learned Counsel for the
respondents. However, till today respondents have not filed the reply and after
hearing the Ld. Counsel for the Applicant, this Tribunal by order dated
18.04.2024 closed the right to file reply on behalf of the respondent. Thereafter,
the respondents filed IA/2254/ND/2024 to recall the order dated 18.04.2024
passed in IB/43/ND/2024 and vide order dated 08.05.2024, the same was
allowed subject to payment of cost of Rs.5000. Thereafter, the reply was filed on
behalf of the respondents was taken on record on 31.05.2024. Thereafter, the
rejoinder was filed by the Applicant. Further, both the parties put-forth their
Abhishek
arguments on 06.03.2025 and on 24.03.2025, this Tribunal permitted both the
parties to file their written submissions. Written submissions filed on behalf of
the Applicant is on board. However, the respondents not filed the written
submissions. The chance to file written submissions on behalf of the
respondents were closed accordingly. In the meantime, Ld. Counsel for the
respondents filed IA/2229/ND/2025 on 07.05.2025 for challenging the
maintainability of the titled Company Petition preferred by the Financial
Creditor.
Heard the arguments in IB/43/ND/2024 and IA/2229/ND/2025. Orders
reserved.
Sd/- Sd/-
(ATUL CHATURVEDI) (MANNI SANKARIAH SHANMUGA SUNDARAM)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Abhishek