In the matter of Berial Engineers Pvt. Ltd. C.P. (Ib) No. 14-GB-2021
Case brief
What is this about?
Tata Hitachi filed a Section 9 insolvency application against Berial Engineers for default on an arbitral award. The Corporate Debtor did not appear. The NCLT directed the IRP to inspect the company and admitted the CIRP ex-parte.
What did the court decide?
Initiation of CIRP and appointment of IRP Mr. Purshotam Gaggar.
What the court decided
A compact analysis
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.
NATIONAL COMPANY LAW TRIBUNAL GUWAHATI BENCH GUWAHATI
C.P. (IB)No.14/GB/2021
Coram:
Hon’ble Shri Rohit Kapoor, Member (J): Hearing through Hon’ble Shri Prasanta Kumar Mohanty, Member (T): Video Conference
ATTENDANCE-CUM- ORDER SHEET OF THE HEARING OF GUWAHATI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 10.12.2021
Name of the Company: M/s. Tata Hitachi Construction Machinery Co. Pvt. Ltd. V/s M/s. Berial Engineers Pvt. Ltd.
Section: Under Section 8 & 9 of Insolvency and Bankruptcy Code, 2016
S. NO. NAME (CAPITAL LETTERS) DESIGNATION REPRESENTATION SIGNATURE 1. MR. VIJAY NATH JHA Advocate Petitioner Present in Video 2. NONE - Respondent Conference
O R D E R
The Applicant is represented through respective Learned Counsel.
The case is fixed for pronouncement of order.
Issues for consideration
3 issues framed by the court
Whether the Insolvency and Bankruptcy Tribunal is satisfied that the Corporate Debtor has committed default in repayment of the operational debt due to the Applicant under Section 9 of the Insolvency
Whether the application for initiation of Corporate Insolvency Resolution Process filed by the Operational Creditor is complete and admissible ex-parte given the absence of the Corporate Debtor.
Whether the last date for filing the application under Section 9 was within the wash period available as per the Supreme Court extension on limitation .dates.
Parties & counsel
- petitioner
M/s. Tata Hitachi Construction Machinery Co. Pvt. Ltd.
- respondent
M/s. Berial Engineers Pvt. Ltd.
Coram
Rohit Kapoor
Case details
As recorded by the court registry
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