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S.J.MUKHOPADHAYA, BANSI LAL BHAT
Pradeep Dayanand Kothari – Appellant
Versus
A. Pandian – Respondent
ORDER :
This appeal has been preferred by Mr. Pradip Dayanand Kothari, Director of M/s. Kothari Industrial Corporation Limited against order dated 19th December, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai in Company Petition No. 649/(IB)/CB/2017, whereby and whereunder application preferred by 1st Respondent- Mr. A. Pandian under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “I&B Code”) has been admitted, order of moratorium has been passed and an ‘Interim Resolution Professional’ has been appointed.
2. Learned counsel appearing on behalf of the Appellant submits that the 1st Respondent-Mr. A. Pandian is not a ‘Financial Creditor’ as he does not come within the meaning of ‘Financial Creditor’ as defined in sub-section (7) of Section 5 of the ‘I&B Code’ read with sub-section (8) of Section 5 of the ‘I&B Code’.
3. Learned counsel for the Appellant placed reliance on demand notice dated 19th April, 2017 given by Mr. A. Pandian under sub-section (1) of Section 8 of the ‘I&B Code’, whereby the
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