The case involves an appeal against an order of the Adjudicating Authority regarding a pre-existing dispute between Mistcold Sales & Services Private Limited (Operational Creditor/Appellant) and Nayati Healthcare & Research Private Limited (Corporate Debtor/Respondent). The Adjudicating Authority had dismissed the petition based on the existence of a pre-existing dispute. The Hon'ble NCLAT, New Delhi, vide its order dated 17.10.2023, set aside the Adjudicating Authority's order and remanded the case back to the Adjudicating Authority.
Mistcold Sales & Services Private Limited (Appellant/Operational Creditor) filed an application against Nayati Healthcare & Research Private Limited (Respondent/Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Appellant claimed that the Respondent owed Rs. 7,37,43,278/-, out of which Rs. 6,86,18,779/- had been paid, leaving a difference of Rs. 57,24,195/-. The Appellant also claimed interest of Rs. 19,04,390/-, bringing the total amount sought to Rs. 76,28,585/-. The Adjudicating Authority dismissed the petition based on the existence of a pre-existing dispute. However, the Respondent had issued a completion certificate dated 27.12.2017, stating that the Appellant had successfully completed and commissioned the HVAC works for a
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The Adjudicating Authority dismissed the…
The Hon'ble NCLAT set…
The case involves an appeal against an order of the Adjudicating Authority regarding a pre-existing dispute between Mistcold Sales & Services Private Limited (Operational Creditor/Appellant) and Nayati Healthcare & Research Private Limited (Corporate Debtor/Respondent). The Adjudicating Authority had dismissed the petition based on the existence of a pre-existing dispute. The Hon'ble NCLAT, New Delhi, vide its order dated 17.10.2023, set aside the Adjudicating Authority's order and remanded the case back to the Adjudicating Authority.
Mistcold Sales & Services Private Limited (Appellant/Operational Creditor) filed an application against Nayati Healthcare & Research Private Limited (Respondent/Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Appellant claimed that the Respondent owed Rs. 7,37,43,278/-, out of which Rs. 6,86,18,779/- had been paid, leaving a difference of Rs. 57,24,195/-. The Appellant also claimed interest of Rs. 19,04,390/-, bringing the total amount sought to Rs. 76,28,585/-. The Adjudicating Authority dismissed the petition based on the existence of a pre-existing dispute. However, the Respondent had issued a completion certificate dated 27.12.2017, stating that the Appellant had successfully completed and commissioned the HVAC works for a
…The Adjudicating Authority dismissed the…
The Hon'ble NCLAT set…