A. S. BOPANNA, DIPANKAR DATTA
Compack Enterprises India Private Limited – Appellant
Versus
Jitendra Impex Private Limited – Respondent
ORDER :
1. Heard learned counsel for the appellant as also learned senior counsel for the respondent and perused the appeal papers.
2. The appellant is before this Court assailing the judgment dated 10.08.2020 passed by the National Company Law Appellate Tribunal, New Delhi (NCLAT). The respondent herein had filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) since according to the respondent, the appellant was due to pay the amount as claimed and stated in the application. The appellant herein were termed as the Corporate debtors.
3. The National Company Law Tribunal (NCLT) through its order dated 23.08.2019, after taking note of the rival contentions, had arrived at the conclusion that the claim as made was not justified and the proceedings under IBC was not sustainable. The respondent herein claiming to be aggrieved by the said order was before the NCLAT. It is in that circumstance, the NCLAT had passed the judgment dated 10.08.2020 which is impugned herein.
4. Having heard learned counsel for the appellant as also learned senior counsel for the respondent at some length, we notice that the NCLAT having referred to the nature of the claim made has taken
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