The Tribunal admitted an application by an operational creditor initiating CIRP against a corporate debtor for operational debt default, imposing moratorium and appointing an interim resolution professional.
Application admitted under Section 9; Moratorium imposed; Interim Resolution Professional appointed; Order communicated to parties and IRP.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH
C.P. (IB) 2979/2019 Under section 9 of the IBC, 2016 In the matter of Swaroop Engineers 1524 1, Laxmipuri, Kolhapur, Maharashtra – 413 002
.... Petitioner v/s.
Hi-Tech Electromech Private Limited G-16, MIDC, Baramati, Pune – 413133
….Respondent/Corporate Debtor Order delivered on: 17.10.2019
Coram: Hon’ble Bhaskara Pantula Mohan, Member (Judicial) Hon’ble Shyam Babu Gautam, Member (Technical)
For the Petitioner: Ms. Sumi Soma and Ms. Raina Birla, Advocates For the Respondent: Shrikant Deshmukh, Director appearing in
person.
Per: Bhaskara Pantula Mohan, Member (Judicial)
ORDER
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THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH C.P. (IB) 2979/MB/2018
petitioner for the materials sold by the petitioner to the Corporate Debtor and invoices raised valued Rs. 3,44,202/-
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THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH C.P. (IB) 2979/MB/2018
the matter was reserved for orders and the following order is hereby passed accordingly:
ORDER
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THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH
C.P. (IB) 2979/MB/2018
judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor.
- Accordingly, this Petition is allowed.
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THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH
C.P. (IB) 2979/MB/2018
Sd/BHASKARA PANTULA MOHAN Member (Judicial)
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1 issue framed by the court
Whether the conditions for admitting a corporate insolvency resolution process application under Section 9 of the IBC are fulfilled.
1 provisions across 1 enactments
Swaroop Engineers
Hi-Tech Electromech Private Limited
Bhaskara Pantula Mohan
Shyam Babu Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
