The case involves a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by Gautam Rai Rally and Priya Rally (Financial Creditors) to initiate Corporate Insolvency Resolution Process (CIRP) against Manasavi Infracon Private Limited (Corporate Debtor) for default in payment of outstanding debts amounting to Rs. 2.33 Crore.
Gautam Rai Rally and Priya Rally (Financial Creditors) filed a petition under Section 7 of the IBC to initiate CIRP against Manasavi Infracon Private Limited (Corporate Debtor).
The Financial Creditors claimed a default of Rs. 2.33 Crore, including unsecured loans and unpaid share value consideration.
The Corporate Debtor argued that the share value consideration was a personal obligation of the shareholders and that the Applicants did not qualify as Financial Creditors.
The Corporate Debtor claimed to have already paid Rs. 1,14,20,000/- out of the unsecured loan, leaving only Rs. 3,15,000/- unpaid.
The Adjudicating Authority noted that the share value consideration constituted a shareholder dispute and did not qualify as a financial debt under Section 5(8) of the Code.
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Company Petition filed on 07.05.2022 under…
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The case involves a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by Gautam Rai Rally and Priya Rally (Financial Creditors) to initiate Corporate Insolvency Resolution Process (CIRP) against Manasavi Infracon Private Limited (Corporate Debtor) for default in payment of outstanding debts amounting to Rs. 2.33 Crore.
Gautam Rai Rally and Priya Rally (Financial Creditors) filed a petition under Section 7 of the IBC to initiate CIRP against Manasavi Infracon Private Limited (Corporate Debtor).
The Financial Creditors claimed a default of Rs. 2.33 Crore, including unsecured loans and unpaid share value consideration.
The Corporate Debtor argued that the share value consideration was a personal obligation of the shareholders and that the Applicants did not qualify as Financial Creditors.
The Corporate Debtor claimed to have already paid Rs. 1,14,20,000/- out of the unsecured loan, leaving only Rs. 3,15,000/- unpaid.
The Adjudicating Authority noted that the share value consideration constituted a shareholder dispute and did not qualify as a financial debt under Section 5(8) of the Code.
…Company Petition filed on 07.05.2022 under…
The CD failed to…