Financial Creditor moved to revoke the Maintenance Application Certificate. Court held that since default occurred during the 10A period, the subsequent Section 7 petition is not maintainable. Petition dismissed for non-maintainability.
C.P.(IB)/642(MB)2022 dismissed for not being maintainable.
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
COURT – IV
CORAM:
SHRI PRABHAT KUMAR SHRI KISHORE VEMULAPALLI MEMBER (Technical) MEMBER (Judicial)
ORDER SHEET OF THE HEARING HELD ON 17.01.2023
NAME OF THE PARTIES:
Ashok Tiwari
Vs.
Tattva & Mittal Lifespaces Private Limited
SECTION: 7 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
O R D E R
The Court is convened through Video Conference.
Sd/- Sd/PRABHAT KUMAR KISHORE VEMULAPALLI Member (Technical) Member (Judicial)
17.01.2023 / Bmb
1 issue framed by the court
Whether a company petition admitted under Section 10A of the IBC was maintainable when a new default occurred during the pendency of the proceeding under Section 10A.
1 provisions across 1 enactments
Ashok Tiwari
Tattva & Mittal Lifespaces Private Limited
Prabhat Kumar
Kishore Vemulapalli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
