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2018 Supreme(NCLAT) 642

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Naveen Luthra – Appellant
Versus
Bell Finvest (India) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Arun Kathpalia, Mr. Chitranshul A. Sinha, Mr. Somaksh Goyal, Mr. Febin Mathew, Ms. Sonali Khanna.
For the Respondents: Mr. Vinit J. Mehta, Mr. G. Aniruth Purusothaman.

JUDGMENT :

S.J. Mukhopadhaya, J.

1. In these appeals as common question of law is involved, they were heard together and disposed of by this common judgment.

2. M/s. Bell Finvest (India) Limited (‘Financial Creditor’) filed application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (‘I&B Code’ for short) for initiation of Corporate Insolvency Resolution Process against M/s. Luthra Water Systems Private Limited (‘Corporate Debtor’). The said application was admitted by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, by impugned order dated 15th November, 2017. One of the Shareholders of the ‘Corporate Debtor’ has challenged the said order in Company Appeal (AT) (Insolvency) No. 336 of 2017 on the ground that the petition under Section 7 of the ‘I&B Code’ is not maintainable with regard to ‘usurious penal interest’ in view of Section 3 of the Usurious Loans Act, 1918.

3. M/s. Bell Finvest (India) Limited (‘Financial Creditor’) filed another application under Section 7 of the ‘I&B Code’ for initiation of ‘Corporate Insolvency Resolution Process’ against M/s. Avance Logistics & Trading India Pvt. Ltd. (‘Corporate Debtor’). The said application

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