w w w . L a w y e r S e r v i c e s . i n



M/s. Grid Infra Tech Pvt. Ltd. v/s M/s. Hythro Power Corporation Ltd.


Company & Directors' Information:- POWER GRID CORPORATION OF INDIA LIMITED [Active] CIN = L40101DL1989GOI038121

Company & Directors' Information:- HYTHRO POWER CORPORATION LIMITED [Active] CIN = U74899DL1994PLC057652

Company & Directors' Information:- K TECH PRIVATE LIMITED [Active] CIN = U25190TN2012PTC084486

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- M TECH INDIA PRIVATE LIMITED [Active] CIN = U30007DL1997PTC087580

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- K. TECH (INDIA) LIMITED [Active] CIN = U24222MH2000PLC123695

Company & Directors' Information:- D S P INFRA TECH PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059001

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- P. K. INFRA AND POWER COMPANY PRIVATE LIMITED [Active] CIN = U40108OR2009PTC011437

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- A K TECH LTD [Active] CIN = U74899DL1986PLC023700

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- Z-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062582

Company & Directors' Information:- R S POWER AND INFRA PRIVATE LIMITED [Active] CIN = U74900MH2004PTC149136

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- A S INFRA-TECH PRIVATE LIMITED [Strike Off] CIN = U45204MH2005PTC154952

Company & Directors' Information:- E-TECH INDIA PRIVATE LIMITED [Active] CIN = U51101MH2013PTC240790

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- TECH INDIA LIMITED [Active] CIN = U45201AS1995PLC004380

Company & Directors' Information:- V INFRA AND POWER PRIVATE LIMITED [Active] CIN = U40101TG2011PTC072562

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- S I TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U32109MH2003PTC140622

Company & Directors' Information:- K C POWER INFRA PRIVATE LIMITED [Active] CIN = U93090MH2010PTC207422

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- I AND L INFRA PRIVATE LIMITED [Active] CIN = U45309AP2021PTC117723

Company & Directors' Information:- M A INFRA POWER PRIVATE LIMITED [Active] CIN = U45400DL2016PTC290276

Company & Directors' Information:- S C TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U45400HR2015PTC055858

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- TECH INFRA PRIVATE LIMITED [Active] CIN = U45203JK2003PTC002266

Company & Directors' Information:- R AND D TECH PRIVATE LIMITED [Active] CIN = U33112PN2004PTC018927

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- TECH POWER (INDIA) PRIVATE LIMITED [Active] CIN = U29198MH1998PTC112855

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- K. V. TECH INDIA PRIVATE LIMITED [Converted to LLP] CIN = U28939MH2008PTC181898

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- J V R INFRA-TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2011PTC073611

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- S K E-TECH PRIVATE LIMITED [Strike Off] CIN = U72900WB2011PTC160500

Company & Directors' Information:- D-TECH INDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC304389

Company & Directors' Information:- B P POWER TECH PRIVATE LIMITED [Active] CIN = U74999DL2015PTC289043

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- TECH U TECH PRIVATE LIMITED [Active] CIN = U80903KL2020PTC065058

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- N B POWER-TECH PRIVATE LIMITED [Active] CIN = U40101MH2011PTC213689

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- V-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127157

Company & Directors' Information:- B & G INFRA TECH PRIVATE LIMITED [Strike Off] CIN = U45200TN2008PTC066468

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- C-TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900DL1995PTC070765

Company & Directors' Information:- T B TECH PRIVATE LIMITED [Strike Off] CIN = U70100DL1986PTC023103

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- V TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145814

Company & Directors' Information:- R. S. TECH PRIVATE LIMITED [Active] CIN = U45202MH2010PTC207142

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- T & P POWER TECH PRIVATE LIMITED [Active] CIN = U45207DL2008PTC181566

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- B S L INFRA-TECH PRIVATE LIMITED [Active] CIN = U74900DL2011PTC224481

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- M S TECH-INFRA PRIVATE LIMITED [Active] CIN = U28998MH2021PTC353763

Company & Directors' Information:- D AND V TECH PRIVATE LIMITED [Active] CIN = U74999DL2020PTC365773

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

    Company Appeal (AT) (Insolvency) No. 33 of 2019

    Decided On, 22 February 2019

    At, National Company Law Appellate Tribunal

    By, THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA
    By, CHAIRPERSON

    For the Appellant: Anish Kumar, Advocate. For the Respondent: None.



Judgment Text


1. The Appellant- 'M/s. Grid Infra Tech Pvt. Ltd.' filed an application under section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of the 'Corporate Insolvency Resolution Process' against 'M/s. Hythro Power Corporation Ltd.'- ('Corporate Debtor'). The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, by impugned order dated 11th October, 2018 referring an order passed by the Hon'ble Supreme Court adjourned the proceedings sine die, which reads as follows:

"ORDER

In pursuance of the order dated 08.10.2018, the Memorandum of Association along with Articles of Association has been filed. A perusal of the Clause 2& 3 of the moa show that the corporate debtor is to act as a developer for power projects in private sector and to design, test and commission the electromechanical equipments and accessories of Hidel thermal power projects. The matter appears to be covered by the order passed by the Hon'ble Supreme Court. It is in the aforesaid circumstances that given in connected matter we have deferred the order because Hon'ble Supreme Court has passed the following order:-

"Issue notice.

Heard the learned counsel appearing for the parties.

For the grounds stated in the Transfer Petitions, we allow transfer of W.P. ( C) No. 20672- 20676/2018 [Dharani Sugars & Chemicals Limited v. Union of India & Ors.] pending before the High Court of Judicature at Madras, Special Civil Application No. 12492 of 2018 [Shipyards Association of India v. Union of India & Ors.] pending before the High Court of Gujarat at Ahmedabad, Civil Misc. Writ Petition No. 18170 of 2018 [ Independent Power Producers Association of India v. Union of India & Ors.], Civil Misc. Writ Petition No. 23181 of 2018 [ Association of Power Producers & Ors. v. Union of India & Ors.], Civil Misc. Writ Petition No. 23183 of 2018 [Prayagraj Power Generation Company Limited v. Union of India & Ors.] pending before the High Court of Judicature at Allahabad, W.P. No. 16095 of 2018[The South Indian Sugar Mills Association-Tamil Nadu v. The Reserve Bank of India ] pending before the High Court of Judicature at Madras, Writ Petition (C) No. 7221/2018 [Vayam Technologies Limited & Anr. v. Union of India & Ors.], Writ Petition (C) No. 6463/2018 [All India Bank Officers Confederation v. Union of India & Anr.] pending before the High Court Delhi at New Delhi to this Court.

Let the records of the cases be transferred without delay. The transfer petitions are allowed in the afore-stated terms. Status quo, as of today, shall be maintained in the meantime. WRIT PETITION (C) NO. 1086/2018: Issue notice. Petitions for final disposal on Wednesday, the 14th November, 2018" In view of the above, the proceedings are adjourned sine die. Liberty granted to the petitioner to move appropriate application as and when such an eventuality arises."

2. Notices were issued on Respondents but in spite of service of notice, none has appeared.

3. Learned counsel appearing on behalf of the Appellant submitted that the case is pending before the Hon'ble Supreme Court relates to decision of the Reserve Bank of India. Writ petition were filed in different High Courts. Transfer petitions have been allowed in terms as mentioned in the order passed by the Hon'ble Supreme Court. The Hon'ble Supreme Court has directed to maintain status quo till the next date. The Hon'ble Supreme Court has not passed any specific order directing to maintain status quo with regard to all power generation companies.

4. However, in absence of the orders passed by the Hon'ble Supreme Court, this Appellate Tribunal is of the view that the Adjudicating Authority should not have adjourned the matter sine die, without discussing the issue pending before the Hon'ble Supreme Court.

5. In the circumstance, this Appellate Tribunal allow the Appellant to file an additional affidavit before the Adjudicating Authority enclosing the copies of the orders passed by the Hon'ble Supreme Court in the cases as referred to above and may also provide the present status of those cases. They will specifically state as to what are the issues involved in the writ petition(s) which have been transferred and wheth

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er they relate to 'M/s. Hythro Power Corporation Ltd.'- ('Corporate Debtor') or in general with regard to all the 'Hidel Thermal Power'. If such affidavit is filed along with orders passed by the Hon'ble Supreme Court, the Adjudicating Authority will take up the matter within fortnight and pass appropriate orders taking into consideration issues pending consideration before the Hon'ble Supreme Court. The appeal stands disposed of with aforesaid observations. No cost.
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