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2022 Supreme(SC) 196

M. R. SHAH, B. V. NAGARATHNA
Amit Katyal – Appellant
Versus
Meera Ahuja – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Sheena Taqui Adv Dhvanit Chopra, Adv. Akansha Saini, Adv. Shiv Vinayak Gupta, Adv. Mrs. Bina Gupta, AOR
For the Respondent(s): Mr. Nakul Dewan, Sr. Adv. Mr. Kapil Shankla, Adv. Mr. Shyam D. Nandan, AOR Ms. Meghna Shankla, Adv. Ms. Radhika Gupta, Adv. Mr. Hrishikesh Baruah, AOR Mr. Archit Upadhayay, AOR Mr. Randhir Kumar Ojha, AOR Mr. K. V. Viswanathan, Sr. Adv. Bhargavi Kannan, Adv. Pracheta Kar, Adv. Rahul Sangwan, Adv. Amartya Sharan, Adv. Mr. Siddhant Buxy, AOR Mr. Amarjeet Singh, AOR MR. Shiv Kumar Pandey, Adv. MR. Chandrashekhar A. Chakalabbi, Adv. MR. Awanish Kumar, Adv. MR. Anshul Rai, Adv. MR. Abhinav Garg, Adv. MR. D. Girish Kumar, Adv. MR. Kumar Vinayakam Gupta, Adv. MR. Batra Shubham Parveen, Adv. M/S. Dharmaprabhas Law Associates, AOR

JUDGMENT :

M.R. SHAH, J.

1. Interlocutory Application No. 105732/2021 (for impleadment) is allowed in terms of the prayer made and they are ordered to be impleaded as respondents in the instant appeal.

1.1 Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.11.2020 passed by the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as the ‘NCLAT/Appellate Authority’) in Company Appeal (AT) (Insolvency) No. 1380 of 2019, by which the Appellate Authority has dismissed the said appeal preferred by the appellant herein-Promoter/Majority Shareholder of the Corporate Debtor-Jasmine Buildmart Pvt. Ltd. and has confirmed the order passed by the National Company Law Tribunal, New Delhi (hereinafter referred to as the ‘NCLT/Adjudicating Authority’) in admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short ‘IBC’) the appellant-Promoter/Majority Shareholder of the Corporate Debtor has preferred the present appeal.

2. That respondent no. 4 herein-Corporate Debtor-Jasmine Buildmart Pvt. Ltd. had come out with a Gurgaon based housing project, namely, Krrish Provence Estate (hereinafter referred to as the ‘Projec

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