tried to persuade us that in the case of fraud there is
no question of finality of litigation. We propose to reproduce statement made ... concept of finality
of litigation if the so-called finality is constructed on fraud on any
Court in the chain going up to superior / appellate
that the 'operational debt' is
under dispute as the cyber fraud has been stated to be committed
against the respondent corporate debtor which ... incidence of cyber-fraud is an undisputed fact.
However, what we need to analyse is whether the cyber fraud committed
against the Respondent falls within
1816/2019 on the principle of
'Res Judicata' or constructive 'Res Judicata'.
31. The Learned Counsel for the 1st Respondent contends ... Respondent points out that severe mis-
management and gross financial irregularities and fraud in the affairs of
'Corporate Debtor' during the period from
that the 1st Respondent/Applicant is deemed to have
had a 'Constructive Notice', in respect of the 'Annual Reports',
'Articles ... Civil Court' seeking to
decide substantial questions of 'Fraud and Forgery' in a 'Summary
Proceedings' thereby, exceeded its 'Jurisdiction
Appeal. The Appellant could have only agitated his
grievance upon discovering the fraud and not anytime earlier.
4. It is further submitted that jurisdiction ... been held in Sas Hospitality Pvt. Ltd. and Ors.
Vs. Surya Constructions Pvt. Ltd. and Ors. held that NCLT has been vested with
powers that
final order that several proceedings are
pending and property was constructed when advance was made are
invalid and devoid of merit.
4. To pass ... appellant stated that the respondents have played a fraud with him
and taken the deposit and filed company petition before the NCLT, New Delhi
similar time frame. The Respondent No. 1 stated that this is
simple fraud being played in the CIRP proceeding by the Corporate Debtor,
Resolution Professional ... Respondent No. 1 stated that Paton Constructions Private Limited,
Unsecured Financial Creditor for Rs. 1,05,877/- was wrongly made the Sole CoC
Member
similar time frame. The Respondent No. 1 stated that this is
simple fraud being played in the CIRP proceeding by the Corporate Debtor,
Resolution Professional ... Respondent No. 1 stated that Paton Constructions Private Limited,
Unsecured Financial Creditor for Rs. 1,05,877/- was wrongly made the Sole CoC
Member
similar time frame. The Respondent No. 1 stated that this is
simple fraud being played in the CIRP proceeding by the Corporate Debtor,
Resolution Professional ... Respondent No. 1 stated that Paton Constructions Private Limited,
Unsecured Financial Creditor for Rs. 1,05,877/- was wrongly made the Sole CoC
Member
similar time frame. The Respondent No. 1 stated that this is
simple fraud being played in the CIRP proceeding by the Corporate Debtor,
Resolution Professional ... Respondent No. 1 stated that Paton Constructions Private Limited,
Unsecured Financial Creditor for Rs. 1,05,877/- was wrongly made the Sole CoC
Member
