Bhushan Power & Steel Limited (BPSL), the Appellant, filed an appeal against the dismissal of its Section 9 petition by the National Company Law Tribunal (NCLT) on 12.07.2024. The NCLT dismissed the petition against A.G. Pipes Private Limited, the Corporate Debtor, on the grounds that the operational debt default was less than the statutory minimum of Rupees One Crore, as stipulated by Section 4 of the Insolvency and Bankruptcy Code (IBC). BPSL claimed an outstanding amount of Rs. 1,49,04,757/- from the Respondent for steel products supplied. The Corporate Debtor had raised a defense that A.G. Pipes (a proprietorship firm) and A.G. Pipes Private Limited (a company) are distinct legal entities and the debt attributed to the proprietorship cannot be clubbed with the
…Bhushan Power & Steel Limited (Appellant/Operational Creditor) supplied steel products to A.G. Pipes Private Limited (Respondent/Corporate Debtor) and raised invoices.
An amount of Rs. 1,49,04,757/- (principal) is claimed by the Operational Creditor as outstanding.
BPSL underwent CIRP from 26.07.2017 to 05.09.2019, after which a new management took over.
The erstwhile Resolution Professional of BPSL issued a demand notice to the Respondent on 04.03.2019, which was replied to on 08.03.2019.
A second demand notice was issued by BPSL on 07.10.2021, and the Respondent replied on 13.10.2021.
BPSL filed Company Petition CP (IB) No. 277/2022 before the NCLT.
…Sign in to view the parties.
A.G. Pipes Pvt. Ltd.…
Appellant (BPSL) underwent Corporate…
Sign in to view related legal provisions.
Bhushan Power & Steel Limited (BPSL), the Appellant, filed an appeal against the dismissal of its Section 9 petition by the National Company Law Tribunal (NCLT) on 12.07.2024. The NCLT dismissed the petition against A.G. Pipes Private Limited, the Corporate Debtor, on the grounds that the operational debt default was less than the statutory minimum of Rupees One Crore, as stipulated by Section 4 of the Insolvency and Bankruptcy Code (IBC). BPSL claimed an outstanding amount of Rs. 1,49,04,757/- from the Respondent for steel products supplied. The Corporate Debtor had raised a defense that A.G. Pipes (a proprietorship firm) and A.G. Pipes Private Limited (a company) are distinct legal entities and the debt attributed to the proprietorship cannot be clubbed with the
…Bhushan Power & Steel Limited (Appellant/Operational Creditor) supplied steel products to A.G. Pipes Private Limited (Respondent/Corporate Debtor) and raised invoices.
An amount of Rs. 1,49,04,757/- (principal) is claimed by the Operational Creditor as outstanding.
BPSL underwent CIRP from 26.07.2017 to 05.09.2019, after which a new management took over.
The erstwhile Resolution Professional of BPSL issued a demand notice to the Respondent on 04.03.2019, which was replied to on 08.03.2019.
A second demand notice was issued by BPSL on 07.10.2021, and the Respondent replied on 13.10.2021.
BPSL filed Company Petition CP (IB) No. 277/2022 before the NCLT.
…A.G. Pipes Pvt. Ltd.…
Appellant (BPSL) underwent Corporate…
Sign in to view related legal provisions.