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Kial vs Chamdia decision by NCLAT, Summaries of Law

NCLAT set aside NCLT order as the Resolution Professional accepted the resolution plan after the expiry of the deadline for submission

Typology: Summaries

2019/2020

Uploaded on 08/15/2021

roronoazorojuro
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In the matter of Kotak Investment Advisors Limited Vs. Mr. Krishna Chamadia & Ors, the
National Company Law Appellate Tribunal (NCLAT) vide judgment dated 05.08.20 has set
aside an order by the Mumbai bench of the National Company Law Tribunal (NCLT) approving
the resolution plan submitted by a consortium led by investor Kalpraj Dharamshi to acquire
Ricoh India.
NCLAT held that the Resolution Professional had committed a grave error by accepting the
resolution plan after the expiry of the deadline for submission, without notifying the extension of
the timeline for submission of EOI, as per provision of the I&B Code and Regulations thereof, at
a time when other bids had already been opened and deliberated upon by the Committee of
Creditors (CoC). Further, it ordered Ricoh’s CoC to take its decision afresh within 10 days on the
resolution plans that had been submitted within the stipulated timeline.
Read more at: https://www.livelaw.in/corporate/nclat-sets-aside-nclts-order-for-acquisition-of-
ricoh-by-dharamshi-jhunjhunwala-consortium-161292

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In the matter of Kotak Investment Advisors Limited Vs. Mr. Krishna Chamadia & Ors, the National Company Law Appellate Tribunal (NCLAT) vide judgment dated 05.08.20 has set aside an order by the Mumbai bench of the National Company Law Tribunal (NCLT) approving the resolution plan submitted by a consortium led by investor Kalpraj Dharamshi to acquire Ricoh India. NCLAT held that the Resolution Professional had committed a grave error by accepting the resolution plan after the expiry of the deadline for submission, without notifying the extension of the timeline for submission of EOI, as per provision of the I&B Code and Regulations thereof, at a time when other bids had already been opened and deliberated upon by the Committee of Creditors ( CoC). Further, it ordered Ricoh’s CoC to take its decision afresh within 10 days on the resolution plans that had been submitted within the stipulated timeline. Read more at: https://www.livelaw.in/corporate/nclat-sets-aside-nclts-order-for-acquisition-of- ricoh-by-dharamshi-jhunjhunwala-consortium-