The case involves an appeal against an order dated March 6, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench. The application preferred by the 1st respondent, an ‘Operational Creditor', under Section 9 of the Insolvency and Bankruptcy Code, 2016, was admitted, leading to a moratorium and the appointment of an Interim Resolution Professional.
The 'Operational Creditor' filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority. This led to a moratorium and the appointment of an Interim Resolution Professional. The 'Corporate Debtor' appealed this decision. The total claimed amount by the 'Operational Creditor' was Rs. 1,60,47,076/-, which was reduced to Rs. 99,52,986/- after settlement talks. The appellant was willing to pay the total amount with interest, while the respondent was willing to settle if the original claimed amount was paid. Despite this, the Appellate Tribunal refused to set aside the resolution process, citing the existing debt, default, and the ongoing insolvency resolution process.
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The Adjudicating Authority (National Company…
The National Company Law Appellate Tribunal…
The case involves an appeal against an order dated March 6, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench. The application preferred by the 1st respondent, an ‘Operational Creditor', under Section 9 of the Insolvency and Bankruptcy Code, 2016, was admitted, leading to a moratorium and the appointment of an Interim Resolution Professional.
The 'Operational Creditor' filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority. This led to a moratorium and the appointment of an Interim Resolution Professional. The 'Corporate Debtor' appealed this decision. The total claimed amount by the 'Operational Creditor' was Rs. 1,60,47,076/-, which was reduced to Rs. 99,52,986/- after settlement talks. The appellant was willing to pay the total amount with interest, while the respondent was willing to settle if the original claimed amount was paid. Despite this, the Appellate Tribunal refused to set aside the resolution process, citing the existing debt, default, and the ongoing insolvency resolution process.
The Adjudicating Authority (National Company…
The National Company Law Appellate Tribunal…