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2025 DAILYLAW 8700 (ALL)

ABID AMIN LANKER v. STATE OF U.P. AND 3 OTHERS

WRIC/2777/2025 · 2025-03-03

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30312-DB Court No. - 39 Case :- WRIT - C No. - 2777 of 2025 Petitioner :- Abid Amin Lanker Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akarsh Dwivedi,Suvrat Dwivedi Counsel for Respondent :- Anas Mahboob,C.S.C.,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. From the various documents which have been passed on to the Court, we find that there was an insolvency proceeding going on against the respondent no. 4, in which on 11.9.2024, the National Company Law Tribunal, passed an order under Section 7 of the Insolvency and Bankruptcy Code, 2016, by which the application of the respondent no. 4 had been admitted. Against this order, the Suspended Director of the respondent no. 4, had approached the National Company Law Appellate Tribunal. Learned counsel for the petitioner states that the amount as was required to be deposited by the respondent no. 4 had not been deposited and therefore on 11.12.2024 again an order had been passed by the National Company Law Appellate Tribunal that the amount as was required to be deposited by the respondent no. 4, be deposited before the 10th of January, 2025. It was further observed by the Appellate Tribunal that in the event the amount is not deposited before 10.1.2025, the Corporate Insolvency Resolution Process (CIRP) against corporate debtor as well as corporate guarantor shall proceed and Interim Resolution Professional (IRP) shall be entitled to constitute Committee of Creditors (CoC). If that is the case, the petitioner may also move an application for getting the amount which is due to him before the IRP, which shall be dealt with in accordance with law. With these observations, the writ petition is disposed of. Order Date :- 4.3.2025 PK Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad