National Company Law Appellate Tribunal
Om Prakash vs Wipro Enterprises Private Limited & Anr on 17 January, 2023
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 207 of 2023 in
Company Appeal (AT) (Insolvency) No.31 of 2023
IN THE MATTER OF:
Om Prakash ...Appellant
Versus
Wipro Enterprises Pvt. Ltd. & Anr. ...Respondents
Present:
For Appellant: Mr. Ramji Srinivasan, Sr. Advocate with Mr.
Ashim Vachher, Mr. Vaibhav Dabas and Ms. Shruti
Pandey, Advocate.
For Respondents: Mr. Deepak Bashta, Advocate for R-1.
Ms. Sreemantini Mukherjee and Mr. Rahul Narula,
Advocates for R-2 (IRP).
ORDER
17.01.2023: I.A. No. 207 of 2023: This is an application praying for certain directions in this Appeal. By the order passed by this Tribunal on 16.01.2023, the impugned order dated 03.01.2023 has already been stayed. The Appellant's case is that certain projects are being carried out by the Respondent No.2 - NTPC BHEL Power Project Pvt. Ltd. and for day to day operations leave of this Court is required.
In view of the facts of the present case, the prayers (b) and (c) in the application deserve to be allowed. We allow prayer (b) and (c), which are to the following effect:
"b. In the alternative, pass an order thereby granting permission to a Committee of Officers comprising of 2 Sh. D Immanuel Ponraj, Chief Financial Officer, Sh S C Das, DGM(C&M) and Sh. V V L N Rao, Sr. Manager (Operations & Corporate functions) to jointly exercise the decision making powers vested with the erstwhile Director (Project), Director (Operations) and Managing Director in their independent and joint capacity for completion of the Unchahar Power Project and day to day operations of the Respondent No.2, as detailed in the chart mentioned in para no. 12 till such time the present Appeal is disposed of by this Hon'ble Appellate Tribunal; and c. Pass an order thereby granting permission to the suspended Managing Director of the Respondent No.2 Company to sign the cheques, along with another authorized official being the Chief Financial Officer of the Respondent No.2 for payments to be released by the Respondent No. 2 Company for the Unchahar project and day to day operations of the Respondent No.2; and It is further directed that weekly report of above functions and transactions carried out shall be submitted to the IRP by the Committee which has been authorised as above. Application is disposed of accordingly.
[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) Archana/nn I.A. No. 207 of 2023 in Company Appeal (AT) (Insolvency) No.31 of 2023