JUDGMENT :

Dinesh Maheshwari, J.

1. Having regard to the short point involved and the contesting parties being represented, we have heard learned counsel for the parties finally at this stage itself.

2. By way of this appeal, the appellant-company, said to be the corporate debtor within the meaning of the Insolvency and Bankruptcy Code, 2016¹[Hereinafter also referred to as ‘the Code], has questioned the judgment and order dated 15.12.2021, as passed in Company Appeal (AT) Insolvency No. 981 of 2020 whereby, the National Company Law Appellate Tribunal, Principal Bench, New Delhi²[Hereinafter also referred to as ‘the Appellate Tribunal’ or ‘the NCLAT’.] has set aside the order dated 06.10.2020, as passed by the National Company Law Tribunal, New Delhi Bench-V³[Hereinafter also referred to as ‘the Adjudicating Authority’ or ‘the NCLT’.] in CP(IB) 841(ND) of 2020 and has also allowed the application moved by the applicant (respondent herein) under Section 9 of the Code.

The said application under Section 9 of the Code was filed by the applicant-respondent on 30.06.2020, in its capacity as an operational creditor of the corporate debtor while claiming, inter alia, that there had been a dis