The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, by the Appellant against the Adjudicating Authority's order dated 11.10.2021, which rejected the Appellant's Section 9 application. The Appellant, an Operational Creditor, claimed unpaid salary from Delagua Health India Pvt. Ltd./Corporate Debtor ("DHIPL"). The Adjudicating Authority dismissed the petition, deeming it collusive.
Ashish Gupta, the Appellant, filed an application under Section 9 of the IBC claiming unpaid salary from Delagua Health India Pvt. Ltd. ("DHIPL"), the Corporate Debtor. Gupta served as a Director of DHIPL from 11.02.2014 and resigned on 02.07.2017. He claimed unpaid salary from January 2016 to June 2017, amounting to Rs.40,50,000/-, which fell due on 30.06.2017. A demand notice was sent on 15.06.2019. The Corporate Debtor/Respondent No. 1 did not appear before the Adjudicating Authority. Delagua Health Limited (Grand Bahamas)/Respondent No. 2 and Delagua Water Testing Limited/Respondent No. 3, holding 98.98% stake in the Corporate Debtor, filed an intervention application. The Adjudicating Authority dismissed the Section 9 petition, holding it to be
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Delagua Health India…
The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, by the Appellant against the Adjudicating Authority's order dated 11.10.2021, which rejected the Appellant's Section 9 application. The Appellant, an Operational Creditor, claimed unpaid salary from Delagua Health India Pvt. Ltd./Corporate Debtor ("DHIPL"). The Adjudicating Authority dismissed the petition, deeming it collusive.
Ashish Gupta, the Appellant, filed an application under Section 9 of the IBC claiming unpaid salary from Delagua Health India Pvt. Ltd. ("DHIPL"), the Corporate Debtor. Gupta served as a Director of DHIPL from 11.02.2014 and resigned on 02.07.2017. He claimed unpaid salary from January 2016 to June 2017, amounting to Rs.40,50,000/-, which fell due on 30.06.2017. A demand notice was sent on 15.06.2019. The Corporate Debtor/Respondent No. 1 did not appear before the Adjudicating Authority. Delagua Health Limited (Grand Bahamas)/Respondent No. 2 and Delagua Water Testing Limited/Respondent No. 3, holding 98.98% stake in the Corporate Debtor, filed an intervention application. The Adjudicating Authority dismissed the Section 9 petition, holding it to be
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Delagua Health India…