The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, which dismissed an application filed by Silvassa Cement Products Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against Noor India Buildcon Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application on the ground that it was non-maintainable due to defects in the application, specifically the omission of proper signatures and notarization as required in Form 5.
Silvassa Cement Products Pvt. Ltd., an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against Noor India Buildcon Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, dismissed the application, deeming it non-maintainable. The dismissal was based on the grounds that the application was defective because it lacked proper signatures and notarization as required in Form 5. Specifically, the application was signed by two advocates, Mr. Niraj Shah and Mr. Dhruv K. Dave, without recording the date, instead of being signed by the authorized person, Mr. Praveen Kumar B. Mundra, as per the Board
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Application filed by the Appellant –…
The Adjudicating Authority (National Company…
The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, which dismissed an application filed by Silvassa Cement Products Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against Noor India Buildcon Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application on the ground that it was non-maintainable due to defects in the application, specifically the omission of proper signatures and notarization as required in Form 5.
Silvassa Cement Products Pvt. Ltd., an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against Noor India Buildcon Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, dismissed the application, deeming it non-maintainable. The dismissal was based on the grounds that the application was defective because it lacked proper signatures and notarization as required in Form 5. Specifically, the application was signed by two advocates, Mr. Niraj Shah and Mr. Dhruv K. Dave, without recording the date, instead of being signed by the authorized person, Mr. Praveen Kumar B. Mundra, as per the Board
…Application filed by the Appellant –…
The Adjudicating Authority (National Company…