there exists a pre-existing despite between the parties,
thereby, rejected the application. Feeling aggrieved by the said Order, this
Appellant has been preferred ... contended that Adjudicating
Authority erred in observing that there is a running composite account
between the parties, and there is no differentiation between different work
that Section 9 of the Code provides
substantive right to file an application in triggering the 'Corporate Insolvency
Resolution Process' which cannot ... Company Appeal (AT) (Insolvency) No. 557 of 2020
the construction is the composite perception of the 'Deha' and the 'Dehi
petition came to be filed on
07.04.2017 and, if the shareholding composition of the
management as it existed on 27.04.2017 is not protected. The
balance ... Board Composition, shareholdings and
Articles of Association of the 1st Respondent Company as it
existed on 27.04.2017.
8. In relation to the application for maintainability
SUDHANSU JYOTI MUKHOPADHAYA, J.
The Appellant/ Petitioner filed application under Sections 241-242 of the
Companies Act, 2013 alleging prejudicial action and oppression ... initially passed interim order on 12th June, 2019. However,
subsequently on the application moved by the Respondents, the Tribunal by
impugned order dated 23rd August
filing the application, as
per the petitioner, amounts to Rs.83,40,90,183/-."
3. The Adjudicating Authority found that the Application filed ... Appellant that the 2nd Respondent/ Bank had averred
in its Application under Section 7 of the Insolvency and Bankruptcy Code, 2016
(for short
Unsecured Creditor' objected on the ground that the application under
Section 10 was filed to defraud its creditors and to frustrate the orders
Company ... Munisuvrata Agri
International Ltd.). By order dated 4th December, 2014, a composite order
was passed by the Hon'ble High Court of Calcutta holding
Jsw Steel Ltd vs Mahender Kumar Khandelwal & Anr on 17 February, 2020
NATIONAL COMPANY
documents in support of their claim:-
Sl. Particulars Page
No. Nos.
1 Application by financial creditor for initiation of corporate 1-9
insolvency against respondent ... Note dated 07.03.2013 for Rs. 3.50 crores 56
19 Composite hypothecation deed executed on 19.03.2010 to 57-68
the extent of Rs. 4.50 crores
review its own decision. This rejection order, which is part of
the composite order passed by the Adjudicating Authority ... case of undervalued or preferential transaction, held that the
application preferred by the Appellant was not maintainable as the
Adjudicating Authority had no jurisdiction
Jai Mahal Hotels Pvt Ltd vs Rajkumar Devraj & Ors on 12 March, 2020
1
