The case involves an appeal against the dismissal of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Appellants, claiming to be financial creditors, sought to initiate Corporate Insolvency Resolution Process (CIRP) against Shree Sai Baba Infra Projects Pvt. Ltd. (Corporate Debtor). The application was dismissed by the National Company Law Tribunal (NCLT), Allahabad Bench, on the ground that there was no relationship of financial creditor and corporate debtor and no transaction in the nature of financial debt between the parties. The Appellants had advanced a loan to Proplarity Homes Pvt. Ltd. (PHPL), which entered into a sale deed with the Corporate Debtor. The Appellants contended that the Corporate Debtor was obligated to pay them the
…Ambika Enclave Pvt. Ltd. & Ors. (Appellants) advanced a loan of more than 16 Cr. to Proplarity Homes Pvt. Ltd. (PHPL), now Sparkspell Homes Pvt. Ltd., under a loan agreement dated 2016-10-13. PHPL (Vendor) entered into a sale deed with Shree Sai Baba Infra Projects Pvt. Ltd. (Corporate Debtor/Vendee) for the sale of Block A, B, C, D & F in the project 'Pratham' located at Lucknow. The sale deed was to be executed for Rs. 3.90 Cr., and clause 35 stated that payment/consideration was received from the confirming party. PHPL came under CIRP, and the IRP issued a demand notice dated 2020-09-15 to the Corporate Debtor for the sale consideration. The Respondent allegedly admitted in a reply dated 2020-10-01 that cheques mentioned in the sale deed dated 2017-05-01
…Sign in to view the parties.
Appellants advanced a…
PHPL entered into a sale deed with Shree Sai…
The case involves an appeal against the dismissal of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Appellants, claiming to be financial creditors, sought to initiate Corporate Insolvency Resolution Process (CIRP) against Shree Sai Baba Infra Projects Pvt. Ltd. (Corporate Debtor). The application was dismissed by the National Company Law Tribunal (NCLT), Allahabad Bench, on the ground that there was no relationship of financial creditor and corporate debtor and no transaction in the nature of financial debt between the parties. The Appellants had advanced a loan to Proplarity Homes Pvt. Ltd. (PHPL), which entered into a sale deed with the Corporate Debtor. The Appellants contended that the Corporate Debtor was obligated to pay them the
…Ambika Enclave Pvt. Ltd. & Ors. (Appellants) advanced a loan of more than 16 Cr. to Proplarity Homes Pvt. Ltd. (PHPL), now Sparkspell Homes Pvt. Ltd., under a loan agreement dated 2016-10-13. PHPL (Vendor) entered into a sale deed with Shree Sai Baba Infra Projects Pvt. Ltd. (Corporate Debtor/Vendee) for the sale of Block A, B, C, D & F in the project 'Pratham' located at Lucknow. The sale deed was to be executed for Rs. 3.90 Cr., and clause 35 stated that payment/consideration was received from the confirming party. PHPL came under CIRP, and the IRP issued a demand notice dated 2020-09-15 to the Corporate Debtor for the sale consideration. The Respondent allegedly admitted in a reply dated 2020-10-01 that cheques mentioned in the sale deed dated 2017-05-01
…Appellants advanced a…
PHPL entered into a sale deed with Shree Sai…