Meka Dredging Company Pvt. Ltd., the Appellant, filed an appeal against an order dated September 23, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The Adjudicating Authority had rejected an application filed by Meka Dredging under Section 9 of the Insolvency and Bankruptcy Code, 2016, as an 'Operational Creditor' seeking initiation of the 'Corporate Insolvency Resolution Process' against Sapura Engineering & Construction (India) Pvt. Ltd. Meka Dredging was already under liquidation.
Meka Dredging Company Pvt. Ltd. (Appellant), already under liquidation, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, as an 'Operational Creditor' to initiate the 'Corporate Insolvency Resolution Process' against Sapura Engineering & Construction (India) Pvt. Ltd. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, rejected this application. The Appellant argued that there was no pre-existing dispute. However, the court noted that Section 11(d) of the I&B Code prohibits a corporate debtor under liquidation from initiating such proceedings. The fact that Meka Dredging was already under liquidation is a crucial fact.
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The Adjudicating Authority (National Company Law…
Meka Dredging Company Pvt. Ltd. preferred an…
Meka Dredging Company Pvt. Ltd., the Appellant, filed an appeal against an order dated September 23, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The Adjudicating Authority had rejected an application filed by Meka Dredging under Section 9 of the Insolvency and Bankruptcy Code, 2016, as an 'Operational Creditor' seeking initiation of the 'Corporate Insolvency Resolution Process' against Sapura Engineering & Construction (India) Pvt. Ltd. Meka Dredging was already under liquidation.
Meka Dredging Company Pvt. Ltd. (Appellant), already under liquidation, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, as an 'Operational Creditor' to initiate the 'Corporate Insolvency Resolution Process' against Sapura Engineering & Construction (India) Pvt. Ltd. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, rejected this application. The Appellant argued that there was no pre-existing dispute. However, the court noted that Section 11(d) of the I&B Code prohibits a corporate debtor under liquidation from initiating such proceedings. The fact that Meka Dredging was already under liquidation is a crucial fact.
The Adjudicating Authority (National Company Law…
Meka Dredging Company Pvt. Ltd. preferred an…