# In the matter of Sanjeev Kumar Vs. Aithent Technologies Pvt. Ltd. & Anr. CA(AT)(Ins)No. 474 of 2020

> NCLAT judgment dated 2020-04-22. Citation: TCN-2020-NCLAT-00276. The case involves an appeal against an order admitting an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 22 Apr 2020
- **Citation:** TCN-2020-NCLAT-00276
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjeev-kumar-vs-aithent-technologies-pvt-ltd-anr-ca-7fcf1ad2

## Summary

### Background

The case involves an appeal against an order admitting an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The appellant contends that the controversy was already covered by a judgment of the Appellate Tribunal. The Adjudicating Authority's decision is being challenged by the Corporate Debtor.

## Facts

Sanjeev Kumar, the appellant, filed an appeal against Aithent Technologies Pvt. Ltd & Anr., the respondents. The appeal challenges an order admitting an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The appellant argues that the controversy was already addressed in a previous judgment by the Appellate Tribunal. The Adjudicating Authority's decision is being contested by the Corporate Debtor. The court ordered notice to be issued to the respondents and directed the Interim Resolution Professional to ensure the company's continued operation as a going concern.

## Issues and analysis

### Issue 1: Whether the order admitting the application under Section 9 of the Insolvency and Bankruptcy Code, …

**Ratio:** The ratio is based on the principle that a matter already decided by a competent court

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**Reasoning:** The court's reasoning is that if the issue raised before the Adjudicating Authority is

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**Interpretation:** The interpretation involves understanding the scope and applicability of

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**Application:** The application involves comparing the issues raised in the present case with

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## Parties

- **Judges:** Bansi Lal…; Anant Bijay…
- **Appellants:** Sanjeev…
- **Respondents:** Aithent Technologi…

## Timeline

- **2020-04-22 — Order for…**: Court orders notice to be issued to the respondents, requiring the appellant to file…
- **2020-05-14 — Next Hearin…**: The matter is listed for…

## 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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