The case revolves around the principles of abatement when a plaintiff is declared insolvent by the National Company Law Tribunal (NCLT). The applicant/defendant no. 2 filed G.A. No. 7 of 2021 seeking dismissal of the suit on grounds of abatement and restraint of the Special Officer from valuation and sale of goods. The plaintiff filed G.A. No. 8 of 2021 seeking amendment to bring the liquidator on record. The present suit was originally instituted by Dankuni Steels Ltd, which later amalgamated with the present plaintiff company. The suit concerns 11,074.09 Metric Tonnes of Met coke lying at Visakhapatnam. The court had previously ordered the sale of 10,000 MTs of Met Coke to secure the claim of defendant No.2/applicant and appointed a Special Officer for the sale. The
…Dankuni Steels Ltd. originally filed a suit regarding 11,074.09 Metric Tonnes of Met coke at Visakhapatnam. Dankuni Steels Ltd. amalgamated with the present plaintiff company, who was originally defendant no. 4. Defendant No.2/applicant has a claim on 10,000 MTs of the goods. The court appointed a Special Officer to sell 10,000 MTs of Met Coke to secure the claim of defendant No.2/applicant. The Supreme Court set aside an earlier order and directed a fresh valuation and public notice for bids. The plaintiff went into liquidation on September 26, 2018, by order of the NCLT, Kolkata Bench. Defendant no. 1 made an application in October 2018 claiming reliefs related to the goods. The liquidator participated in meetings regarding the sale of the goods. The
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The case revolves around the principles of abatement when a plaintiff is declared insolvent by the National Company Law Tribunal (NCLT). The applicant/defendant no. 2 filed G.A. No. 7 of 2021 seeking dismissal of the suit on grounds of abatement and restraint of the Special Officer from valuation and sale of goods. The plaintiff filed G.A. No. 8 of 2021 seeking amendment to bring the liquidator on record. The present suit was originally instituted by Dankuni Steels Ltd, which later amalgamated with the present plaintiff company. The suit concerns 11,074.09 Metric Tonnes of Met coke lying at Visakhapatnam. The court had previously ordered the sale of 10,000 MTs of Met Coke to secure the claim of defendant No.2/applicant and appointed a Special Officer for the sale. The
…Dankuni Steels Ltd. originally filed a suit regarding 11,074.09 Metric Tonnes of Met coke at Visakhapatnam. Dankuni Steels Ltd. amalgamated with the present plaintiff company, who was originally defendant no. 4. Defendant No.2/applicant has a claim on 10,000 MTs of the goods. The court appointed a Special Officer to sell 10,000 MTs of Met Coke to secure the claim of defendant No.2/applicant. The Supreme Court set aside an earlier order and directed a fresh valuation and public notice for bids. The plaintiff went into liquidation on September 26, 2018, by order of the NCLT, Kolkata Bench. Defendant no. 1 made an application in October 2018 claiming reliefs related to the goods. The liquidator participated in meetings regarding the sale of the goods. The
…C.S. No. 77 o…
Court passed an…
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