In the matter of Tuaman Engineering Limited C.P. (Ib) No. 1092-KB-2020
Case brief
What is this about?
NCLT admitted an application under Section 9 of the IBC filed by an operational creditor to initiate CIRP against a corporate debtor, holding the petition was not barred by limitation and dispelling the pre-existing dispute claim.
What did the court decide?
Application under Section 9 of the Code admitted; moratorium under Section 14 imposed; Interim Resolution Professional appointed.
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.
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH
(Court-II)
KOLKATA
C.P. (IB) No. 1092/KB/2020
An application under Section 9 of the Insolvency & Bankruptcy Code, 2016.
In the matter of:
OMM Constructions, a partnership firm having its office at Lane No.L-4/A4, Jagannath Mandie Colony, Budharaja, Sambalpur, Odisha – 768004;
….Operational Creditor
-Versus-
Tuaman Engineering Limited[CIN U45205WB2005PLC105270], having its registered office at 23A, Netaji Subhas Road, 8th Floor, Room No. 16, Kolkata – 700 001;
…Corporate Debtor
Issues for consideration
3 issues framed by the court
Whether the application under section 9 of the Code is barred by limitation.
Whether there is a pre-existing dispute precluding initiation of CIRP.
Whether the corporate debtor is in default of a debt due and payable.
Parties & counsel
- applicant
OMM Constructions
Coram
Bidisha Banerjee
Balraj Joshi
Case details
As recorded by the court registry
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