JUDGEMENT

ASHOK BHUSHAN, J: 1. This Appeal has been filed against the Order dated 08th February, 2023 passed by National Company Law Tribunal, Kolkata Bench, Court No.

-2- Company Appeal (AT) (Insolvency) No. 414 of 2023 II (hereinafter referred to as “The Adjudicating Authority”) admitting Section 9 Application of Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “The Code”) filed by the ABB Power Products and System India Limited, the Respondent No.1 herein. The Appellant suspended director of the Corporate Debtor Sigma-C Infrastructure Private Limited has filed this Appeal challenging the admission order. 2. Brief facts of the case necessary to be noted for deciding this Appeal are :- (i) The Corporate Debtor Sigma-C Infrastructure Pvt. Ltd. issued purchase order for supply of 145 KV 9-Bay DBB GIS Board required for CESC’s Princep Street Substation. Three purchase orders were issued by the Corporate Debtor for supply of GIS Board and other equipment as prince street substation of CESC Limited. The purchase orders were amended from time to time, lastly amended on 25.01.2018 and 15,05,2018. In pursuance of three purchase orders, the equipment was suppli