The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The order of admission is under challenge in this appeal.
The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority admitted the application. The Appellant, a shareholder of 'Nasban Import and Export Private Limited' (Corporate Debtor), argued that no amount was payable due to inter-communication made through e-mail. The Appellant relied on two e-mails dated 15th February, 2018, and 2nd December, 2017, to support the claim that the debt amount was either to be adjusted or recovered. The court found that the emails showed the debt was payable by the Corporate Debtor. The Respondent filed the application under Section 9 due to default of payment.
Sign in to view the parties.
The Adjudicating Authority (National Company Law…
The Respondent- (‘Operational Creditor')…
The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The order of admission is under challenge in this appeal.
The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority admitted the application. The Appellant, a shareholder of 'Nasban Import and Export Private Limited' (Corporate Debtor), argued that no amount was payable due to inter-communication made through e-mail. The Appellant relied on two e-mails dated 15th February, 2018, and 2nd December, 2017, to support the claim that the debt amount was either to be adjusted or recovered. The court found that the emails showed the debt was payable by the Corporate Debtor. The Respondent filed the application under Section 9 due to default of payment.
The Adjudicating Authority (National Company Law…
The Respondent- (‘Operational Creditor')…