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Showing posts with the label NCLT

Appellate Authority (NCLAT) set aside the order of NCLT dismissing application under Section 9 of the Insolvency and Bankruptcy Code, 2016 on the ground of claim barred by limitation and existence of dispute.

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M/s Gupshup Technology India Pvt. Ltd. (Operational Creditor) filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘I&B Code’) against ‘M/s Interpid Online Retail Pvt. Ltd.’ (‘Corporate Debtor’) which having rejected by Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench, Bengaluru by order dated 8th November, 2018, the present appeal has been preferred by the Appellant. The Adjudicating Authority held that the claim is barred by limitation and there is existence of dispute. Appellant states that the record of the services carried out as on 5th September, 2017 shows that the Respondent availed the services through the SMS Dashboard and had its own dedicated user name and password for logging. However, the Respondent in their email dated 5th September, 2017 sought details of email logs and other supporting documents in order to verify the invoices. 7. The Appellant issued a Demand Notice under Section 8(1) on 2...

Latest Judgement : Bombay High Court : Writ Petition under Article 226 seeking the order of NCLT be quashed and set aside. HELD, not maintainable, Dismissed.

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In the matter of Kotak Investment Advisors Limited and Anr. Vs. Mr. Krishna Chamadia, Resolution Professional of Ricoh India Limited and Ors. Writ Petition (L) No. 3621 of 2019   1. Petitioner filled Writ Petition under Article 226 of the Constitution of India seeking the relief to issue writ of Certiorari, calling for Company Petition dated 28th November, 2019 hereto be quashed and set aside. 2. It is the case of the petitioner that it participated in Corporate Insolvency Resolution Process of respondent No.1 and submitted its Resolution Plan / Bid. The respondent No.1 accepted the bid of respondent No. 2 after the last date of submission. That was done after the bid of the petitioner was already opened. There is an illegality alleged in the acceptance of the bid of the second respondent.  3. The petitioners state that their bid being the highest, it ought to have been accepted. However, the second highest bid was accepted by the Committee of Creditors. It is...