The appeal was filed against the order dated 24.07.2023 admitting an application under Section 9 of the IBC. The suspended director of the Corporate Debtor challenged the admission order. The Corporate Debtor was a project management consultant for the construction of a hospital, namely Kalpana Chawla Government Medical College. The appellant argued that they were merely an agency for the principal employer and should not have been considered a Corporate Debtor for initiating insolvency proceedings. The respondent refuted these claims, stating that the Corporate Debtor was responsible for measurement and payment under the agreement, and payments had been made by the Corporate Debtor.
An appeal was filed against the admission of an application under Section 9 of the IBC. The Corporate Debtor, Kalpataru Power Transmission Ltd., was a project management consultant for the construction of Kalpana Chawla Government Medical College. The appellant argued they were merely an agency and not liable for insolvency proceedings. The respondent refuted this, stating the Corporate Debtor was responsible for payments. The appellant offered to deposit the claimed amount. A settlement was reached between the parties on 17.08.2023. The court considered the settlement and the fact that an interim order had been passed. The suspended director of the Corporate Debtor challenged the admission order dated 24th July, 2023.
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Order was passed…
Appellate Tribunal…
The appeal was filed against the order dated 24.07.2023 admitting an application under Section 9 of the IBC. The suspended director of the Corporate Debtor challenged the admission order. The Corporate Debtor was a project management consultant for the construction of a hospital, namely Kalpana Chawla Government Medical College. The appellant argued that they were merely an agency for the principal employer and should not have been considered a Corporate Debtor for initiating insolvency proceedings. The respondent refuted these claims, stating that the Corporate Debtor was responsible for measurement and payment under the agreement, and payments had been made by the Corporate Debtor.
An appeal was filed against the admission of an application under Section 9 of the IBC. The Corporate Debtor, Kalpataru Power Transmission Ltd., was a project management consultant for the construction of Kalpana Chawla Government Medical College. The appellant argued they were merely an agency and not liable for insolvency proceedings. The respondent refuted this, stating the Corporate Debtor was responsible for payments. The appellant offered to deposit the claimed amount. A settlement was reached between the parties on 17.08.2023. The court considered the settlement and the fact that an interim order had been passed. The suspended director of the Corporate Debtor challenged the admission order dated 24th July, 2023.
Order was passed…
Appellate Tribunal…