Acquisory Consulting LLP, claiming to be an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Single Bench, New Delhi, dismissed the application via an order dated March 16, 2018. This dismissal led to the present appeal by Acquisory Consulting LLP.
Acquisory Consulting LLP ('Operational Creditor') filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('I&B Code') to initiate the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd. ('Corporate Debtor'). The Adjudicating Authority dismissed the application on March 16, 2018, because the Appellant did not meet the definition of 'Operational Creditor' and no demand notice under Section 8(1) of the 'I&B Code' was served. The Appellant presented an Engagement Letter dated September 5, 2013, to support their claim, but the court found it unreliable due to overwriting, cuttings, and lack of signature. The Appellant also submitted emails as proof of services rendered, but the court determined these were not a
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The Adjudicating Authority (National Company…
The Appellant referred to an Engagement Letter…
Acquisory Consulting LLP, claiming to be an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Single Bench, New Delhi, dismissed the application via an order dated March 16, 2018. This dismissal led to the present appeal by Acquisory Consulting LLP.
Acquisory Consulting LLP ('Operational Creditor') filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('I&B Code') to initiate the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd. ('Corporate Debtor'). The Adjudicating Authority dismissed the application on March 16, 2018, because the Appellant did not meet the definition of 'Operational Creditor' and no demand notice under Section 8(1) of the 'I&B Code' was served. The Appellant presented an Engagement Letter dated September 5, 2013, to support their claim, but the court found it unreliable due to overwriting, cuttings, and lack of signature. The Appellant also submitted emails as proof of services rendered, but the court determined these were not a
…The Adjudicating Authority (National Company…
The Appellant referred to an Engagement Letter…