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2023 Supreme(Online)(NCLAT) 181

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) ,
Lyka Labs Limited – Appellant
Versus
Modi Lifecare Industries Limited – Respondent


ORDER

16.03.2023 This appeal is directed against the order dated 20.11.2019 passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Ahmedabad Bench, Ahmedabad) by which an application filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 (in short ‘Code’) bearing C.P. (IB) 141/9/NCLT/AHM/2018 has been dismissed. 2. At the outset, Counsel for the Appellant has submitted that the ‘impugned order’ is totally bereft of reasons and it is thus a non-speaking order. He has drawn our attention to Para 14 of the ‘impugned order’ in which the following observation has been made :-

    “Considering all the facts, materials available on record, arguments heard and the observations made in the point no. 12, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6 & 12.7, this application is hereby rejected.” 3. He has then referred to Paragraph Nos. 12.1 to 12.7 of the ‘impugned order’, which read as under:-
    12. It is observed that :- Bankruptcy Code, 2016 is filed on 08.03.2018 for the default amount of Rs. 5,95,04,537.00, which was due on account of royalty fees payable by the Corporate Debtor to the Petition as per the Technical Guidance Agreement dated 14.09.2012. Technical

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