specific request was made under Section 210 , 213 , 216 , 219 , 447 , 448 ,
449 , 450 of the Companies Act, 2013.
47. Shri Ravish Kumaran independent Chartered Accountant ... Chapter
XVI (containing Section 241 to 246 ) pertain to 'Preventions of
Oppression and Mismanagement' and Chapter XXVII (containing
Section 407 to 434 ) pertain
authority must follow the
mandate of Section 9, as outlined above, and
in particular the mandate of Section 9(5) of
Company Appeal (AT) (Insolvency ... 407", the Hon'ble Supreme Court while explaining the provisions
of Sections 7 or 9 observed and held:
"27. The scheme
Section 7 Application. We thus do
not find any substance in the submissions of Learned Sr. Counsel for the
Appellant that Application under Section ... financial in an Application under Section 7 of the IBC. Hon'ble
Supreme Court in [(2018) 1 SCC 407] 'M/s. Innoventive Industries
this Appellate Tribunal
held that before admitting an application under Sections 7 or 9, a limited
notice is required to be given ... ICICI Bank and
Anr.─ (2018) 1 SCC 407" wherein dealing with the provisions of Sections
7 or 9, the Hon'ble Apex Court
407 wherein it is held that when
a debt which is due, is interdicted by some law, the section 7
application should be rejected ... section 7 application.
28. We also consider the judgment in the matter of Innoventive
Industries Ltd. vs. ICICI Bank & Anr (2018) 1 SCC 407
CIRP solely on the basis of parameters laid down
under Sections 7 , 9 or Sec 10 of IBC.
19. It is relevant to note that ... Bank , (2018) 1 SCC 407, has laid
down the guiding principles to admit or reject an application filed under
Section
Section 8 of the 'I&B Code was
issued. Nevertheless, since the outstanding amount was not paid the
present application under Section ... Bank and Anr.─ (2018)
1 SCC 407", the Hon'ble Supreme Court noticed the Scheme of Sections
7 , 8 & 9 and observed
Operational Creditor is provided for under the provision engrafted in
Section 9 of the I&B Code, whereunder an Operational Creditor may file ... requirements of Section 8. Dwelling on the scope of this provision in
" Innoventive Industries Ltd. v. ICICI Bank , (2018) 1 SCC 407
Section 95 filed by the Appellant, it having lost
jurisdiction due to the fact that asset size of JFIL was reduced to Rs.407
Crores ... asset size of the JFIL became Rs.407 Crores. The application under
Section 95 was filed by Financial Creditor on 03.06.2021 on which date
last
Late Mr. Bipin Chandra Shah filed Company Petition under
Sections 397 , 398 , 402 , 406 and 407 of Companies Act, 1956 and Section
