The case involves an application (I.A. No. 2068 of 2021) filed by the Respondent/Applicant seeking the recall of a judgment and order dated 08.12.2020 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No. 412 of 2020. The initial appeal pertained to the admission of an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by Apya Capital Services Private Limited (Appellant) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Respondent/Applicant argued that the NCLAT had committed an error by treating the Appellant as a 'Financial Creditor' under the IBC when it was allegedly an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT,
…Apya Capital Services Private Limited (Appellant) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Adjudicating Authority initially admitted the application. The Respondent/Corporate Debtor appealed to the National Company Law Appellate Tribunal (NCLAT). The NCLAT passed a judgment and order dated 08.12.2020. The Respondent/Corporate Debtor then filed an application (I.A. No. 2068 of 2021) seeking the recall of the NCLAT's judgment. The Respondent/Applicant argued that the Appellant was an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT, Mumbai. The Respondent/Applicant also contended that a pre-existing dispute existed
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NCLAT passed a judgment…
The Hon'ble Supreme…
The case involves an application (I.A. No. 2068 of 2021) filed by the Respondent/Applicant seeking the recall of a judgment and order dated 08.12.2020 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No. 412 of 2020. The initial appeal pertained to the admission of an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by Apya Capital Services Private Limited (Appellant) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Respondent/Applicant argued that the NCLAT had committed an error by treating the Appellant as a 'Financial Creditor' under the IBC when it was allegedly an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT,
…Apya Capital Services Private Limited (Appellant) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Adjudicating Authority initially admitted the application. The Respondent/Corporate Debtor appealed to the National Company Law Appellate Tribunal (NCLAT). The NCLAT passed a judgment and order dated 08.12.2020. The Respondent/Corporate Debtor then filed an application (I.A. No. 2068 of 2021) seeking the recall of the NCLAT's judgment. The Respondent/Applicant argued that the Appellant was an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT, Mumbai. The Respondent/Applicant also contended that a pre-existing dispute existed
…NCLAT passed a judgment…
The Hon'ble Supreme…