JUDGMENT :

B.R. GAVAI, J.

1. This appeal challenges the judgment and order passed by the National Company Law Appellate Tribunal (hereinafter referred to as the “NCLAT”) dated 21st December 2018, thereby allowing the appeal filed by respondent herein. The respondent herein had preferred an appeal being Company Appeal (AT) (Insolvency) No. 582 of 2018, challenging the order passed by the National Company Law Tribunal (hereinafter referred to as the “NCLT”) dated 26th July 2018, thereby rejecting the petition being C.P. (IB)20(MB)/2018, filed by the respondent herein under Section 9 of the Insolvency and Bankruptcy Code (hereinafter referred to as the “IBC”). By the impugned order dated 21st December 2018, the NCLAT while allowing the appeal, has remitted back the matter to the NCLT with a direction to admit the petition filed by the respondent herein under Section 9 of the IBC after giving limited notice to the appellant herein so as to enable it to settle the claim.

2. The facts in brief giving rise to the present appeal are as under:

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