"C/SCA/13060/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13060 of 2019 ========================================================== M/S VIJAY TIMBER INDUSTRIES PVT. LTD. Versus M/S PAUNJAB NATIONAL BANK, GANDHIDHAM BRANCH ========================================================== Appearance: SUNIL D BHAVSAR(7842) for the Petitioner(s) No. 1 MR ARJUN M PADHIYAR(10586) for the Respondent(s) No. 1 MR ATUL SHARMA(11174) for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.C. RAO Date : 15/03/2021 ORAL ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) On 10.3.2021, the Court passed following order, “On 20.1.2021, following order was passed. “Stand over to 29.1.2021 at the request of learned advocates for the parties who stated that the order of liquidation has already been passed against the petitioner by the National Company Law Tribunal and that the liquidator is also appointed. Such details may be produced on the next date.” 2. Pursuant to the aforesaid order and in compliance of the directions, the liquidator of the petitioner Company has filed affidavit which was physically forwarded to the Court Page 1 of 4 C/SCA/13060/2019 ORDER today. The same is taken on record. 3. The deponent one Ramchandra D. Choudhary, son of Dallaram Choudhary, the liquidator of the petitioner­ Company has stated on oath as under, “2. I state and submit that Ld.National Company Law Tribunal, Ahmedabad Bench vide order dated 13.02.2020 passed in C.P. (I.B) No.342/NCLT/AHM/2018 allowed an application filed by Punjab National Bank under Section 7 of the Insolvency and Bankruptcy code, 2016 and initiated the Corporate Insolvency Resolution Process of the Petitioner Company. I further submit that deponent herein came to be appointed as in an Interim Resolution Professional of the Petitioner Company. I beg to annex a copy of order dated 13.02.2020 read with order dated 21.07.2020 passed in C.P. (I.B) No.342/NCLT/AHM/2018 as Annexure­I to the present affidavit. 3. I further state and submit that Ld. National Company Law Tribunal, Ahmedabad Bench vide order dated 31.12.2020 passed in I.A.No.783 of 2020 in C.P. (I.B) No.342/NCLT/AHM/2018 was pleased to pass an order of liquidation of the Petitioner Company and further vide said order appointed deponent as liquidator of Corporate Debtor. I beg to annex a copy of order Page 2 of 4 C/SCA/13060/2019 ORDER dated 31.12.2020 passed in I.A.No.783 of 2020 in C.P. (I.B) No.342/NCLT/AHM/2018 as Annexure­II to the present affidavit. 4. I state and submit that in compliance of my duties as liquidator of Petitioner Company, I have made Public Announcement in Form­B as per Regulation 12 of the Insolvency and Bankruptcy (Liquidation Process) Regulations, 2016 on 06.01.2021 in Financial Express (Gujarati and English Edition) calling for claims from the stakeholders of the Petitioner Company. I beg to annex an extract of Public Announcement in Form­B dated 06.01.2021 as Annexure­III to the present affidavit.” 4. In view of the above developments, prima facie, the petition would not survive for the prayers made therein. 5. Learned advocate for the petitioner however submitted that he does not have the papers therefore unable to make any statement. As last chance, the petition is to be listed on 15.3.2021 with observation that no further time shall be given. Stand over to 15.3.2021.” 2. Today when the petition comes up for further consideration in light of the award, learned advocate Mr.Sunil Bhavsar could not dispute about the factum of the petitioner Company having gone into liquidation. Page 3 of 4 C/SCA/13060/2019 ORDER 3. Not only that, learned advocate Mr.Arjun Padhiyar appeared on behalf of the liquidator confirming about the order of liquidation having passed, who further submitted that appropriate orders may be passed in light of the said developments. 4. Since the National Company Law Tribunal has passed order allowing the application of the respondent M/s.Paunjab National Bank and the order of liquidation is passed against the petitioner Company, present petition does not survive. 5. The petition is accordingly disposed of as no more surviving. (N.V.ANJARIA, J) (A. C. RAO, J) Manshi Page 4 of 4 "