NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Mr. Dilipkumar Lokooram Arora – Appellant
Versus
KTR MANAGEMENT SERVICE PVT LTD AND ANR – Respondent
JUDGMENT
(21st March, 2025)
Ashok Bhushan, J.
This Appeal by a Suspended Director of the Corporate Debtor has been filed challenging the order dated 21.11.2024 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Court-II admitting Section 9 application filed by the Operational Creditor- Respondent herein.
2. Brief facts necessary to be noticed for deciding the Appeal are:-
2.1. A Facility Agreement was entered between the Corporate Debtor- Sahara Hospitality Limited and the Operational Creditor- KTR Management Services Private Limited on 01.04.2018 with respect to the supply of manpower for performing various activities at the Hotel. Corporate Debtor vide e-mail dated 15.06.2019 informed the various deficiencies in the services provided by Respondent No.1. On 01.07.2019, legal notice was issued by Respondent No.1 claiming an amount of Rs.10,59,78,114/-. The Corporate Debtor on 21.08.2019 sent a reply to the legal notice disputing and denying the claim. Reply further pleaded that there are various deficiencies in services provided by Respondent No.1. Reconciliation meeting was also held between the parties on 16.10.2019. On 26.12.2019, the Corporate Debtor
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