BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

HYDERABAD BENCH
I.A. NO. OF 2023
IN
C.P. (IB) 269/9/HDB/2018
BETWEEN:
MONITORING COMMITTEE THROUGH
STATE BANK OF INDIA
SAM Branch, Secunderabad, H No.5-9-76,2nd
Floor, Prabhat Towers, Opp. Amaravathi LHO,
Chapel Road, Gunfoundry, HYDERABAD-
500001
…Applicant
AND
MR. GHANSHYAM SURAJBALI KUMRI
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 1
MR. SANDEEP KUMAR VERMA
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 2
APPLICATION FILED BY THE APPLICANT UNDER SECTION 60 (5) OF THE
INSOLVENCY AND BANKRUPTCY CODE, 2016 R/W SECTION 66, 67 AND 69 OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
Filed on:
Filed by:
Counsels for the Applicant
JURIS PRIME LAW SERVICES
V V S N RAJU
A V P REDDY
PRAVEEN JAIN
SRIKANTH RATHI
ABHAY TRIPATHI
AISHWARYA N.
ADVOCATES
Office at Plot No. 33, J K Enclave, Rao and Raju Colony, Near Lucid Diagnostics, Road
no 2,
Banjara Hills, Hyderabad- 500034
Ph: - 9866446467; Email: raju@jurisprime.com

BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

 HYDERABAD BENCH
I.A. NO. OF 2023
IN
C.P. (IB) 269/9/HDB/2018
BETWEEN:
MONITORING COMMITTEE THROUGH
STATE BANK OF INDIA
SAM Branch, Secunderabad, H No.5-9-76,2nd
Floor, Prabhat Towers, Opp. Amaravathi LHO,
Chapel Road, Gunfoundry, HYDERABAD-
500001
…Applicant
AND
MR. GHANSHYAM SURAJBALI KUMRI
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 1
MR. SANDEEP KUMAR VERMA
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 2
APPLICATION FILED BY THE APPLICANT UNDER SECTION 60 (5) OF THE
INSOLVENCY AND BANKRUPTCY CODE, 2016 R/W SECTION 66, 67 AND 69 OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
INDEX OF DOCUMENTS

S. No. Date Particulars Annexure Page No.

1. Application filed by the Applicant under
Section 60 (5) of the Insolvency And
Bankruptcy Code, 2016 R/W Section 66,
67 and 69 of the Insolvency and
Bankruptcy Code, 2016.
Affidavit verifying the Application
2. Annexure 1
3. Annexure 2
4. Annexure 3
5. Annexure 4

DATE:

PLACE:

COUNSEL FOR THE APPLICANT

BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

 HYDERABAD BENCH
I.A. NO. OF 2023
IN
C.P. (IB) 269/9/HDB/2018
BETWEEN:
MONITORING COMMITTEE THROUGH
STATE BANK OF INDIA
SAM Branch, Secunderabad, H No.5-9-76, 2nd
Floor, Prabhat Towers, Opp. Amaravathi LHO,
Chapel Road, Gunfoundry, HYDERABAD-
500001
…Applicant
AND
MR. GHANSHYAM SURAJBALI KUMRI
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 1
MR. SANDEEP KUMAR VERMA
(Director - powers suspended) Apex Drugs
Limited, 210, 2nd Floor, Ram’s Enclave,
Erragadda, Hyderabad – 500018, Telangana.
…Respondent No. 2
APPLICATION FILED BY THE APPLICANT UNDER SECTION 60 (5) OF THE
INSOLVENCY AND BANKRUPTCY CODE, 2016 R/W SECTION 66, 67 AND 69 OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
Most Respectfully Showeth:
I. PARTICULARS OF THE APPLICANT

The Application is filed by the Monitoring Committee of the Corporate Debtor

through State Bank of India having its office at SAM Branch, Secunderabad, H No.

5-9-76, 2nd Floor, Prabhat Towers, Opp. Amaravathi LHO, Chapel Road,

Gunfoundry, Hyderabad - 500001.

II. PARTICULARS OF THE RESPONDENTS

The Respondent No. 1 i.e., Mr. Ghanshyam Surajbali Kumar is the suspended

director of the Apex Drugs Limited (Corporate Debtor) having its registered office

at 210, 2nd Floor, Ram’s Enclave, Erragadda, Hyderabad – 500018, Telangana.

The Respondent No. 2 i.e., Mr. Sandeep Kumar Verma Kumar is the suspended

director of the Apex Drugs Limited (Corporate Debtor) having its registered office

at 210, 2nd Floor, Ram’s Enclave, Erragadda, Hyderabad – 500018, Telangana.

III. JURISDICTION
 The present Interlocutory Application is being preferred under Company

Application bearing C.P. (IB) No. 269/9/HDB/2018 which was filed under Section

9 of the IB Code, 2016. It is submitted that as the said Company Petition was filed

before this Hon’ble Tribunal, hence, this Hon’ble Tribunal has the Jurisdiction to try

the instant I.A.

IV. LIMITATION

The Applicant submits that the present I.A. is not battled by the provisions of the

Limitation Act or any other provisions of law and is well within the period of

limitation.

V. FACTS OF THE CASE

It is submitted that the present application is being filed