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Anubhav Anilkumar Aggarwal vs Rajendra Kumar Girdhar on 21 November, 2025 cites

Smt. Sudipa Nath vs Union Of India on 7 November, 2022

An application was moved to clarify that judgment to the effect Company Appeal (AT) (Ins) No. 1277 of 2024 31 of36 that it shall not come in the way of the applicant persuading the RP to consider initiation of proceedings for recovery under Section 66 of the IBC against the persons who appears to be responsible for fraudulent affairs of the CD and in this scenario the Hon'ble Supreme Court has considered the judgment of the Tripura High Court in Sudipa Nath (supra) and concluded that it is for the Resolution Professional or SRA to take such civil remedies against third party. This case is not relevant so far as the facts of this case are concerned.
Tripura High Court Cites 7 - Cited by 1 - I Mahanty - Full Document

Regen Powertech Private Limited vs Wind Construction Private Limited on 23 September, 2022

56. This appellate tribunal again in Nalinesh Kumar Paurush and Others v. Arvind Mittal and Another,2025 SCC OnLine NCLAT 1537, after considering, Regen Powertech Pvt. Ltd, Renuka Devi Rangaswamy , Shibo Job Cheeran ( Supra) opined in paragraph no. 44 that to attract section 66 of the Code though the standard of proof would be preponderance of probability but the same is subject to the heavy proof to the applicant, as each and every commercial transaction which has resulted in the loss may not be labelled as fraudulent. This observation is in the background that the party who is alleging the existence of a fact is obliged to prove the same and it cannot be taken as proved without any substantial material or evidence produced before the court. thus the applicant of an application under section 66 of the Code is obliged to prove the contents of the application by placing adequate material and evidence on record and in addition the Court may also take into consideration the attending facts and circumstances in consideration on the principle that a fact may also be proved by leading circumstantial evidence. it is also to be recalled that the onus in civil matters keep on shifting and when the burden has been discharged by the one party it is obligatory on the contesting party to discharge its onus.
National Company Law Appellate Tribunal Cites 1 - Cited by 1 - Full Document
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