Delhi High Court - Orders
Sarvahitha Educational Society vs Educomp Solutions Limited & Anr on 10 October, 2022
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. 5/2018 & I.As. 8783/2018, 8785/2018
SARVAHITHA EDUCATIONAL SOCIETY ..... Petitioner
Through: Ms. Maninder Acharya, Sr.
Adv. with Mr. Shanul Kadyan,
Mr. M. Sowri Dev, Mr.
Prashant Singh, Mr. Viplav
Acharya, Advocates
(M:9810814241)
versus
EDUCOMP SOLUTIONS LIMITED & ANR. ..... Respondents
Through: Ms. Ranjana Roy Gawai, Mr.
Ujjwal Jain, Advocates for R-1
(M:9811579484,email:ujjwaljai
[email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 10.10.2022
1. The present matter has been received on transfer.
2. Ld. Senior Counsel appearing for the petitioner brings to the notice of this Court that a Resolution Professional has been appointed for the respondent company. However, additional affidavit filed on behalf of the respondent No.1 in terms of the order dated 16.12.2021 has been deposed by Mr. Priya Darshan Kumar, Senior Manager - Legal of the respondent No.1 company instead of the Resolution Professional. Along with the additional affidavit, a letter of authority from the Resolution Professional has been attached.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:22.10.2022 16:14:463. It is submitted by ld. Senior Counsel for the petitioner that once a Resolution Professional has been appointed, the affidavit filed on behalf of the respondent No.1 company will not be proper. In view thereof, issue notice to Mr. Mahender Kumar Khandelwal, Resolution Professional in the matter of Educomp Solutions Limited, Registration No. IBBI/IPA-001/IP-P00033/2016-17/1086, Email Id:
[email protected], Address: B2A, Sunny Valley CGHS, Plot No. 27, Section 12, Dwarka, New Delhi - 110078.
4. Ld. Counsel appearing for the respondent No.1 submits that Resolution Professional has given the authority to respondent No.1and that such a course of action is proper in terms of The Insolvency and Bankruptcy Code, 2016.
5. It is submitted on behalf of the ld. Counsel for respondent that notice in the present petition has still not been issued. However, ld. Senior Counsel appearing for the petitioner has referred to the order dated 29.08.2018, wherein the order records that respondent seeks time to file reply. Further, time for filing rejoinder was granted to the petitioner. Thus, it is submitted that inadvertently it has not been noted that notice has not been issued.
6. Let Resolution Professional appear before the Court in person or through some lawyer on the next date of hearing and make submissions accordingly. Mr. Ujjwal Jain, Advocate appears and submits that his office is authorised to appear for the Resolution Professional. He further submits that defect in the additional affidavit shall be rectified and appropriate affidavit of the Resolution Professional shall be filed.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:22.10.2022 16:14:467. It is informed by ld. Senior Counsel for the petitioner that respondent No.2 is under liquidation and that an official liquidator, Ms. Ritu Rastogi has been appointed. Let notice be issued to the official liquidator on the following address:
Address: D-1B, 9A, D Block Janak Puri, New Delhi, NCT of Delhi, 110058.
8. Ld. Counsel for the respondent is directed to comply with the directions of this Court as recorded in the order dated 29.08.2018.
9. List on 02.12.2022.
MINI PUSHKARNA, J OCTOBER 10, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:22.10.2022 16:14:46