State Bank Of India vs M/S Bharath Infra Exports And Imports ... on 28 November, 2022
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
AT CHENNAI
(APPELLATE JURISDICTION ... Road
Nariman Point
Mumbai - 400021 ..... Appellant
v
M/s. Bharath Infra Exports
and Imports Ltd.,
3rd Floor, Gold Tower,
No.50, Residency Road,
Bengaluru
Ecl Finance Limited vs Abhinav Mukherji & Ors on 12 July, 2022
National Company Law
situation. The said proposition fo the
Applicant is entirely foreign to the Code. In this regard, the reliance of the
Applicant on the decision ... Code becomes clear."
The submission of the Applicant that the ratio decided in Export Import
Bank of India (supra) is contrary to Swiss Ribbons
Ecl Finance Limited vs Abhinav Mukherji & Ors on 12 July, 2022
Author: Ashok Bhushan
situation. The said proposition fo the
Applicant is entirely foreign to the Code. In this regard, the reliance of the
Applicant on the decision ... Code becomes clear."
The submission of the Applicant that the ratio decided in Export Import
Bank of India (supra) is contrary to Swiss Ribbons
cannot exercise its jurisdiction, which is not vested in the Code.
The six aircrafts, which were on finance lease, could have been secured ... Fleet Ireland entities (Lessor),
which thereafter were charged in favour of Export Import Bank of the
United States (US Exim). The Corporate Debtor had already
section (8)(a) of Section
5 of the 'I&B Code'.
31. The Appellant has also failed to show that the
amount ... judgment of this Tribunal in ( 2018) SCC OnLine NCLAT
465 - Export Import Bank of India vs. Resolution Professional of
JEKPL Private Limited . In the above
cannot exercise its jurisdiction, which is not vested in the Code.
The six aircrafts, which were on finance lease, could have been secured ... Fleet Ireland entities (Lessor),
which thereafter were charged in favour of Export Import Bank of the
United States (US Exim). The Corporate Debtor had already
exercise of powers conferred under Section 31 of the I&B Code,
2016.
Brief Facts:
Appellant's Submissions:
2. The Learned Counsel, appearing ... Customs, against import of capital goods at
concessional rates EPCG scheme for which the company has
agreed to fulfil export obligation
Code was imposed. The order
dated 12.02.2018 admitting the Application filed under Section 7 of the Code
was not challenged by the Corporate Debtor ... ongoing investigation of failure to receive remittances for export of gold
imported duty free.
Company Appeal
