SUPREME COURT OF INDIA
UDAY UMESH LALIT, AJAY RASTOGI, JJ.
Vishal Vijay Kalantri - Appellant
Versus
Shailen Shah (Resolution Professional Of Dighi Port Limited) & Others - Respondents
Civil Appeal No.2228 of 2021
Decided on : 06-08-2021
Insolvency and Bankruptcy Code - Appeal against NCLAT Judgment
Fact of the Case:
The appeal was filed under Section 62 of the Insolvency and Bankruptcy Code, 2016 against the judgment dated 24.07.2020 passed by the National Company Law Appellate Tribunal New Delhi in Company Appeal (AT) (Insolvency) No.466 of 2020.
Finding of the Court:
Having considered the facts and circumstances on record, especially paragraphs 9, 10 and 17 of the judgment under appeal, the court saw no reason to interfere and accordingly dismissed the civil appeal.
Issues:
Ratio Decidendi:
Final Decision: The civil appeal was dismissed.
ORDER :
1. This is an appeal filed under Section 62 of the Insolvency and Bankruptcy Code, 2016 against the judgment dated 24.07.2020 passed by the National Company Law Appellate Tribunal New Delhi in Company Appeal (AT) (Insolvency) No.466 of 2020.
2. Having considered the facts and circumstances on record, especially paragraphs 9, 10 and 17 of the judgment under appeal, we see no reason to interfere.
3. The civil appeal is, accordingly, dismissed.
The court found no reason to interfere with the judgment under appeal.
The court declined to interfere with the order of the National Company Law Appellate Tribunal.
An appeal against the admission of a corporate insolvency application filed in the name of the debtor by a suspended director is incompetent and not maintainable as per the provisions of the Insolven....
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