APPELLATE TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Insolvency) No.407 of 2023
[Arising out of order dated 31.01.2023 passed by the Adjudicating Authority ... Mukul Rohatgi, learned senior counsel
submitted that as per section 31 of the IPC, the
Resolution Plan becomes final only after
Winifred John vs Shri. Kumar Rajan Resolution ... on 8 February, 2023
NATIONAL COMPANY LAW APPELLATE
legal plea that
Section 60(5) , 66 , 67 , 70 , 71 , 72 , 73 and 235A of 'I&B' Code referred ... police authorities
u/s 435 and 452 of Indian Penal Code and according to the First Information
Report the window of the Office
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 ... case
of Innoventive Industries Ltd. v. ICICI Bank , (2018) 1 SCC 407, has laid
down the guiding principles to admit or reject an application filed
admission of section 7 application. He has clarified that the claim
of total amount of Rs. 412.52 crores which appears in section 7
application ... financial creditor under section 7 of the IBC. Section 5(7)
provides the definition of 'financial creditor' and section 5(8)
provides the definition
filed application under
Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter
referred to as "I&B Code") for initiation ... principal borrower' as provided in Section 128 of the ' Indian Contract
Act, 1872 '
Stand of the Appellant- 'Export Import Bank
various Sections of Indian Penal Code ( IPC ) and Section 3 of the 'Maharashtra
Protection of Interest of Depositors (in Financial ... already sold in auction, action under Section
32A cannot be sought. It is also argued that Section 238 of the IBC cannot
override the provisions
Board'. With a view to
protect the spirit of Section 287 read with Section 9 of the Act, the
Board had decided to keep ... alleging an offence under Sections 420 , 468 , 471 of the Indian
Penal Code, 1860. In the said case, `1st Appellant / 2nd Respondent
2941/MB/2019 by Xander
Finance Services Ltd. under Section 7 of the IBC, 2016 the CIRP was
initiated against the Liz Traders and Agents ... Consumer Products Ltd., 572 shares of The Indian Hotels
Company Ltd., 63 shares of The Indian Hotels Company Ltd., 45,387 shares
falls within the ambit of the charging
section by clear words used in the section; and (iii)
If the words are ambiguous and open ... damages, in case of breach of contract is
governed by Section 74 of the Indian Contract Act, 1872. Further, the liquidated
damages shall
