The case involves an application filed under Sections 60(5), 14, and 74 of the Insolvency and Bankruptcy Code, 2016, alleging that the Applicant (M/s. Manjeera Constructions Ltd.) was illegally removed as a partner from Respondent No.1 (Vasavi Realtor LLP) during the moratorium period.
The Applicant, M/s. Manjeera Constructions Ltd., was a 20% partner in Respondent No.1, Vasavi Realtor LLP.
The Applicant was admitted into CIRP on 18.07.2023.
During the CIRP, Respondent Nos. 2 to 5 removed the Applicant as a partner of Respondent No.1 by a resolution dated 11.03.2024.
The Applicant's 20% partnership interest was reflected as an investment asset in the Information Memorandum issued during the CIRP.
Respondent No.1 invoked Clause 24.3(d) of the LLP Agreement, which allows for the expulsion of a partner if they have applied to be adjudged as an insolvent.
The Respondents contended that the removal was a contractual consequence under the LLP Agreement and did not violate the moratorium under Section 14 of the IBC.
…Sign in to view the parties.
The Applicant was admitted into CIRP by the…
An Information Memorandum dated 09.01.2024…
The case involves an application filed under Sections 60(5), 14, and 74 of the Insolvency and Bankruptcy Code, 2016, alleging that the Applicant (M/s. Manjeera Constructions Ltd.) was illegally removed as a partner from Respondent No.1 (Vasavi Realtor LLP) during the moratorium period.
The Applicant, M/s. Manjeera Constructions Ltd., was a 20% partner in Respondent No.1, Vasavi Realtor LLP.
The Applicant was admitted into CIRP on 18.07.2023.
During the CIRP, Respondent Nos. 2 to 5 removed the Applicant as a partner of Respondent No.1 by a resolution dated 11.03.2024.
The Applicant's 20% partnership interest was reflected as an investment asset in the Information Memorandum issued during the CIRP.
Respondent No.1 invoked Clause 24.3(d) of the LLP Agreement, which allows for the expulsion of a partner if they have applied to be adjudged as an insolvent.
The Respondents contended that the removal was a contractual consequence under the LLP Agreement and did not violate the moratorium under Section 14 of the IBC.
…The Applicant was admitted into CIRP by the…
An Information Memorandum dated 09.01.2024…