IN RE Vs. STATE BANK OF INDIA (IN MATTER OF OCEANIC TROPICAL FRUITS PVT LTD)
LAWS(NCLT)-2018-2-198
NATIONAL COMPANY LAW TRIBUNAL
Decided on February 09,2018

IN RE Appellant
VERSUS
STATE BANK OF INDIA (IN MATTER OF OCEANIC TROPICAL FRUITS PVT LTD) Respondents

JUDGEMENT

Ch. Mohd Sharief Tariq, Member - (1.) Counsel for State Bank of India present. The proposed RP in person present.
(2.) The CoC in its 2nd meeting dated 14.11.2017 has discussed the issue for appointment of RP, wherein the State Bank of India and Central Bank of India did agree for appointment of Shri V. Nagarajan as RP in the matter. However, the ICICI bank did not agree to the same for the reasons that the proposed RP is already holding 6 assignments and will not be in a position to justify with any fresh assignment. Resultantly, the resolution could not be passed with 75% of the voting rights.
(3.) However, with the concurrence of State Bank of India and Central Bank of India, only 73.62% voting rights were exercised in favour of the proposal of the appointment of the proposed RP.;


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