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2022 Supreme(SC) 887

INDIRA BANERJEE, J. K. MAHESHWARI
K. Paramasivam – Appellant
Versus
Karur Vysya Bank Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Amitesh Chandra Mishra, Adv. Ms. Ankit Chaturvedi, Adv. Ms. Pratibha Yadav, Adv. For M/S ACM Legal, AOR
For the Respondent(s): Mr. Nikhil Nayyar, Sr. Adv. Ms. Sugandha Batra, Adv. Mr. T. V. S. Raghavendra Sreyas, AOR Mrs. Gayatri Gulati Sreyas, Adv. Mr. Siddharth Vasudev, Adv. Mr. Iyengar Shubharanjani Ananth, AOR

JUDGMENT :

Indira Banerjee, J.

This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, hereinafter referred to as the “IBC”, is against a final judgment and order dated 18th November 2019, passed by the National Company Law Appellate Tribunal (NCLAT) dismissing the Company Appeal (AT) (Insolvency) No.538 of 2019, against an order dated 8th April 2019 passed by the Adjudicating Authority, admitting the application filed by the Respondent No.1 being CP/1314/IB/2018 under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Maharaja Theme Parks and Resorts Private Limited, hereinafter referred to as “Maharaja Theme Parks and Resorts”.

2. The Appellant is the promoter, shareholder and suspended/ discharged director of Maharaja Theme Parks and Resorts, a company registered under the Companies Act, 1956. The Respondent No.1, hereinafter referred to as “Financial Creditor” had advanced credit facilities to the following three entities:-

    (i) Sri Maharaja Refineries, a Partnership Firm;

    (ii) Sri Maharaja Industries, a proprietary concern of K. Paramasivam; and

    (iii) Sri Maharaja Enterprises, a proprietary conce


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