In the matter of Dolphin Offshore Shipping Limited [Cp (IB)2694-MB-2019]
Case brief
What is this about?
The tribunal admitted an application u/s 9 of IBC filed by an operational creditor against a corporate debtor for initiating CIRP following a failure to honor a settlement agreement, relying on Mobilox Innovations to establish existence of debt and default.
What did the court decide?
Admitted the petition for CIRP against the Corporate Debtor; appointed Mr. Kedar Pande as Interim Resolution Professional; imposed moratorium.
What the court decided
IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH-I
CP (IB)2694/MB/2019
Under Section 9 of the Insolvency and Bankruptcy Code, 2016 In the matter of
AHM Catering and Allied Services Private Limited
[CIN: U74900MH2011PTC222272]
311, Tulsian Chambers, Free Press Journal Marg, Nariman Point, Mumbai 400021
… Operational Creditor/Applicant
Versus
Dolphin Offshore Shipping Limited [CIN: U51900MH1990PLC057967]
1001, Raheja Centre, 214, Nariman Point, Mumbai, Maharashtra 400021.
…Corporate Debtor/Respondent Order Delivered on 06.07.2023.
Coram:
Issues for consideration
3 issues framed by the court
Whether the petition under Section 9 of IBC for initiating CIRP should be admitted given the default of the debt.
Whether the pre-existence of a dispute can be established by the Corporate Debtor to challenge the admission of the petition.
What powers of the Adjudicating Authority arise upon admission of the Corporate Insolvency Resolution Process.
Parties & counsel
- applicant
AHM Catering and Allied Services Private Limited
- respondent
Dolphin Offshore Shipping Limited
Coram
Kishore Vemulapalli
Case details
As recorded by the court registry
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