The case involves an application to recall an order dated 15.06.2023 passed by the Adjudicating Authority in CP (IB) No. 1092/KB/2020 and rejection of the application filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, the Corporate Debtor, argues that the Section 9 application filed by the Operational Creditor was defective and not in compliance with the National Company Law Tribunal (NCLT) Rules, 2016, and the Uniform Checklist. They also claim the application was filed by an unregistered partnership firm without all partners being party to the application. The Corporate Debtor further alleges the existence of pre-existing disputes, bills relating to a period older than 3 years, and a fabricated
…M/s. Omm Constructions Limited is the Operational Creditor, and Tuaman Engineering Ltd is the Corporate Debtor. An application was filed under Section 9 of the IBC by the Operational Creditor. The Corporate Debtor sought recall of the order dated 15.06.2023, arguing that the Section 9 application was defective. The defects included non-compliance with NCLT Rules regarding signing of the application, the application being filed by an unregistered partnership firm without all partners being party to the application, pre-existing disputes, bills relating to a period older than 3 years, and a fabricated acknowledgement of debt. A police complaint was lodged on 23.01.2017, alleging that the acknowledgement was obtained by force or coercion. The signatures on the petition
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Order No. 25/02/2016-NCLT dated 28th July,…
Purported Acknowledgement of debt signed on…
The case involves an application to recall an order dated 15.06.2023 passed by the Adjudicating Authority in CP (IB) No. 1092/KB/2020 and rejection of the application filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, the Corporate Debtor, argues that the Section 9 application filed by the Operational Creditor was defective and not in compliance with the National Company Law Tribunal (NCLT) Rules, 2016, and the Uniform Checklist. They also claim the application was filed by an unregistered partnership firm without all partners being party to the application. The Corporate Debtor further alleges the existence of pre-existing disputes, bills relating to a period older than 3 years, and a fabricated
…M/s. Omm Constructions Limited is the Operational Creditor, and Tuaman Engineering Ltd is the Corporate Debtor. An application was filed under Section 9 of the IBC by the Operational Creditor. The Corporate Debtor sought recall of the order dated 15.06.2023, arguing that the Section 9 application was defective. The defects included non-compliance with NCLT Rules regarding signing of the application, the application being filed by an unregistered partnership firm without all partners being party to the application, pre-existing disputes, bills relating to a period older than 3 years, and a fabricated acknowledgement of debt. A police complaint was lodged on 23.01.2017, alleging that the acknowledgement was obtained by force or coercion. The signatures on the petition
…Order No. 25/02/2016-NCLT dated 28th July,…
Purported Acknowledgement of debt signed on…