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National Company Law Appellate Tribunal

Kanak Resources Management Limited & ... vs Vivek Agarwal & Anr on 5 October, 2017

              NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                            NEW DELHI

            Company Appeal (AT) (Insolvency) No. 203 of 2017

 IN THE MATTER OF:

 Kanak Resources Management Limited & Anr.                     ... Appellants

 Versus

Mr. Vivek Agarwal & Anr.                                      ... Respondents


 Present:    For Appellants : Shri Parag Tripathi, Senior Advocate with
                              Shri T. Srinivasa Murthy, Shri Piyush Joshi,
                              Ms. Sumiti Yadava, Ms. Telma Raju, Shri
                              Nishant Anurag and Ms. Ishan Javid,
                              Advocates

                                    ORDER

05.10.2017 Heard learned counsel for the appellants and perused the order dated 25th September, 2017. Taking into consideration the fact that the application preferred by the respondents-Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code') being complete and in absence of any document to suggest that there is an 'existence of dispute' relating to 'quality of service' raised by the appellants prior to issuance of notice under Section 8, we are of the view that the learned Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi rightly admitted the application.

In absence of any merit, the appeal is dismissed. No costs.




                          (Justice S.J. Mukhopadhaya)
                                  Chairperson



  (Justice A.I.S. Cheema)                                  (Balvinder Singh)
    Member (Judicial)                                      Member(Technical)

/ng/