# In the matter of M P Agro BRK Energy Foods Ltd. IA 249 of 2019 in C.P. (IB) No. 548-NCLT-AHM-2018

> NCLT judgment dated 2019-05-03. Citation: TCN-2019-NCLT-03487. This is a case before the Ahmedabad Bench of the National Company Law Tribunal (NCLT) regarding…

- **Court:** NCLT
- **Order date:** 3 May 2019
- **Citation:** TCN-2019-NCLT-03487
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/m-p-agro-brk-energy-foods-ltd-ia-249-of-2019-in-cp-ib-no-548-nclt-ahm-2018-5f121b40

## Summary

### Background

This is a case before the Ahmedabad Bench of the National Company Law Tribunal (NCLT) regarding IA 249 of 2019 in C.P. (I.B) No. 548/NCLT/AHM/2018. The petitioner sought an early hearing in IA 249/2019, stating that no settlement had been finalized by the Bank of India (BOI). The Corporate Debtor's lawyer argued that the Corporate Debtor was making sincere efforts for settlement.

## Facts

The Bank of India initiated a Corporate Insolvency Resolution Process (CIRP) against M P Agro BRK Energy Foods Ltd. An application, IA 249/2019, was filed for an early hearing. The petitioner's lawyer stated that no settlement had been finalized by the BOI. The Corporate Debtor's lawyer claimed that the Corporate Debtor was making sincere efforts for settlement. The court observed that indefinite adjournments on the pretext of settlement could not be granted. The Corporate Debtor was given a final opportunity to file its objection within two weeks, irrespective of settlement.

## Issues and analysis

### Issue 1: Whether the court should grant an …

**Ratio:** The court has the discretion to grant or deny an early hearing based on the circumstances

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**Reasoning:** The court considered the petitioner's argument that no settlement had been finalized and

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**Interpretation:** The interpretation is that the court must consider the facts and circumstances

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**Application:** In this case, the court implicitly denied the request for an immediate hearing

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## Parties

- **Judges:** Harihar Prakash…
- **Appellants:** Bank of…
- **Respondents:** M P Agro BRK…

## Timeline

- **2019-05-03 — Order Da…**: Order issued by the…
- **2019-05-03 — IA 249/2019…**: Hearing on IA 249/2019…

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