National Company Law Appellate Tribunal
Mironda Trade & Commerce Pvt. Ltd vs Sai Lakshmi Tulasi Ferros Pvt. Ltd on 16 December, 2019
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal (AT) (Insolvency) No. 1454 of 2019
IN THE MATTER OF:
Mironda Trade & Commerce Pvt. Ltd. ...Appellant
Vs
Sai Lakshmi Tulasi Ferros Pvt. Ltd. ...Respondents
Present:
For Appellant: Mr. Shariq J Reyaz and Mr. Sanmat, Advocates.
For Respondents:
ORDER
16.12.2019: Admittedly, the Appellant has not supplied any goods nor rendered any services; the Appellant is not an employee of the Corporate Debtor nor is Government Authority, therefore, it does not come within the meaning of Operational Creditor as defined under Section 5(20) r/w 5(21) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code') and the application under Section 9 of the I&B Code was not maintainable as held by the Adjudicating Authority.
In absence of any merit while we condone delay of 14 days in preferring the appeal, the appeal is dismissed.
[Justice S. J. Mukhopadhaya] Chairperson [Justice Bansi Lal Bhat] Member (Judicial) [Justice Venugopal M.] Member (Judicial) am/gc