# In the matter of Munisuvrata Agri International Ltd. Vs. Bank of Baroda & Ors. CA (AT (Insolvency) No. 84-2019

> NCLAT judgment dated 2019-02-04. Citation: TCN-2019-NCLAT-00806. This is a Company Appeal (AT) (Insolvency) No. 84 of 2019 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 4 Feb 2019
- **Citation:** TCN-2019-NCLAT-00806
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/munisuvrata-agri-international-ltd-vs-bank-of-baroda-ors-ca-6ba03700

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 84 of 2019 before the National Company Law Appellate Tribunal, New Delhi. The appellant, Munisuvrata Agri International Ltd., is appealing against a decision involving the respondent, Bank of Baroda & Ors. The case concerns the proceedings of the Extraordinary General Meeting of the shareholders.

## Facts

Munisuvrata Agri International Ltd. filed an appeal against Bank of Baroda & Ors. The appellant's counsel submitted the proceedings of the Extraordinary General Meeting of the shareholders. The respondent's counsel, representing the 'Operational Creditor', argued against relying on a subsequent decision. The court directed the appellant to serve a paper book to the respondents by February 5th, 2019, and the respondents to file a reply-affidavit within two weeks. The appellant was then given ten days to file a rejoinder. The court also ordered notice to be issued to the remaining respondents, including via email if the appellant provides their addresses. The case was posted for admission on March 11th, 2019.

## Issues and analysis

### Issue 1: Whether the proceedings of the Extraordinary General Meeting of the shareholders should be …

**Ratio:** The court acknowledged the submission of the proceedings of the Extraordinary General

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**Reasoning:** The court's reasoning is implicit in its acceptance of the submission. The court did not

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**Interpretation:** The interpretation is that the court is open to considering the proceedings of

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**Application:** The application is that the court will review the submitted proceedings to

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Munisuvrata Agri…
- **Respondents:** Bank of Baroda &…

## Timeline

- **2019-02-04 — Hearing…**: Mr. Ajeet Kumar Sinha, learned Senior Counsel appears on behalf of the Appellant submits…
- **2019-02-05 — Paper Book Service…**: Learned Counsel for the Appellant will serve a…

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