JUDGMENT :

SUDHANSU JYOTI MUKHOPADHAYA, J.

1. This appeal has been preferred by the appellant – Unigreen Global Private Limited (Corporate Debtor) against order dated 8th May, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi whereby and whereunder the application preferred by the appellant – Corporate Debtor under Section 10 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as the ‘I & B Code’) in Form 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to as the ‘Adjudicating Authority Rules’) has been rejected. The Adjudicating Authority has also imposed penalty of Rs. Ten Lakhs on the appellant – Corporate Debtor under Section 65 of the I & B Code.

2. The questions involved in this appeal are :

(i) Whether non-disclosure of facts beyond the statutory requirement under the I & B Code read with relevant form, prescribed under the Insolvency and Bankruptcy (Application to Adjudicating Authority), Rules, 2016 can be a ground to dismiss an application for ini