In the matter of Kumar Propack Private Limited C.P (Ib) No.2038-KB-2019
Case brief
What is this about?
The Tribunal, adjudicating an application under Section 9 of the IBC, admitted the petition filed by an Operational Creditor against a Corporate Debtor for unpaid trade dues. The Court rejected the Debtor's plea regarding alleged defective goods raised post-consumption, found the petition complete, declared a moratorium, and appointed an Interim Resolution Professional.
What did the court decide?
The application under Section 9 of the IBC for initiating CIRP against the Corporate Debtor is admitted. Moratorium under Sections 13, 14, and 15 declared. Ms. Rashmi Agarwalla appointed as Interim Re
IN THE NATIONAL COMPANY LAW TRIBUNAL ,
KOLKATA BENCH
KOLKATA
C.P (IB) No.2038/KB/2019
In the matter of
An application under 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,2016.
And
In the matter of :
Unitech Paper Mills Private Limited , having its registered office at 53A, Rafi Ahmed Kidwai Road, Kolkata, West Bengal,Pin- 700016.
… Operational Creditor
Versus
In the matter of:
Issues for consideration
2 issues framed by the court
Whether the petition under Section 9 of the IBC for initiating Corporate Insolvency Resolution Process against the Corporate Debtor is maintainable despite the alleged dispute over goods quality.
Whether the alleged dispute regarding the quality of goods supplied constitutes a valid pre-existing defence against the initiation of insolvency proceedings.
Parties & counsel
- applicant
Unitech Paper Mills Private Limited
Coram
Rohit Kapoor
Harish Chander Suri
Case details
As recorded by the court registry
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