# In the matter of Mahaveer Ginning & Pressing Vs. PMP Textiles Spinning Mills Ltd. CA (AT)(Ins) No. 464-2019

> NCLAT judgment dated 2019-04-30. Citation: TCN-2019-NCLAT-00620. The case involves an appeal filed by M/s. Mahaveer Ginning & Pressing against an order dated…

- **Court:** NCLAT
- **Order date:** 30 Apr 2019
- **Citation:** TCN-2019-NCLAT-00620
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mahaveer-ginning-pressing-vs-pmp-textiles-spinning-mills-ltd-ca-6a00f3db

## Summary

### Background

The case involves an appeal filed by M/s. Mahaveer Ginning & Pressing against an order dated 29th March 2019, passed by the Adjudicating Authority (National Company Law Tribunal) (NCLT) Single Bench, Chennai. The NCLT had disposed of an application without passing a final order, noting that the Corporate Debtor had made a payment of Rs. 3 lakhs and was scheduled to pay the remaining amount of Rs. 2,99,332/-. The appellant had filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, for a default of Rs. nine and half lacs.

## Facts

M/s. Mahaveer Ginning & Pressing filed an appeal against an order passed by the NCLT Chennai. The NCLT disposed of an application filed by the appellant without passing a final order. The application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, for a default of Rs. nine and half lacs. The NCLT noted that the Corporate Debtor had made a payment of Rs. 3 lakhs and was scheduled to pay the remaining amount of Rs. 2,99,332/-. The appellant claimed that the full amount was not paid. The Adjudicating Authority disposed of the application without passing any final order on application u/s 9 for default of more than Rs. 1 lac.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority (NCLT) was correct in disposing of the application without …

**Ratio:** The ratio is based on the principles governing the Adjudicating Authority's duty to

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**Reasoning:** The court's reasoning would likely involve an examination of the NCLT's order and the

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**Interpretation:** The interpretation involves understanding the scope and purpose of Section 9 of

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**Application:** The ratio and reasoning would be applied to the specific facts of the case,

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** M/s. Mahaveer…
- **Respondents:** PMP Textiles…

## Timeline

- **2019-03-29 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) (NCLT) Single Bench, Chennai…
- **2019-04-30 — Appeal F…**: The Appellant filed an appeal against the order dated 29th March, 2019 passed by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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