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2024 Supreme(Online)(NCLAT) 917

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Cadillac Infotech Pvt. Ltd. – Appellant
Versus
Airwil JKM Infrastructure Pvt. Ltd – Respondent


J U D G M E N T

ASHOK BHUSHAN, J.

By these two Appeals between the same Parties, Orders dated 13.06.2022 passed by the Learned Adjudicating Authority (National Company Law Tribunal, Court – V, New Delhi Bench) in I.A. No. 5670(ND)/2023 in C.P. (IB) No. 211(ND)/2022 and in I.A. No. 5682(ND)/2023, in C.P. (IB) No. 210(ND)/2022 has been challenged.

2. Both the Appeals arises out of similar facts and grounds hence, they have been heard together and are being decided by this common Judgment. It shall be sufficient to refer to the pleadings in Comp. App. (AT) (Ins.) No.

1610/2024, for deciding both the Appeals.

3. Brief facts of the case necessary to be noticed for deciding the Appeals are:

i. A Section 7 Application was filed by JKM Infrastructure Private Limited, the Respondent herein against the Appellant on which C.P. (IB) No.211(ND)/2022 was registered. The total amount of debt claimed in the Part IV of the Application was ₹5,73,75,000/- as on 01.03.2022.

ii. Application was filed by the Financial Creditor on 04.03.2022. The Application under Section 7 was through Authorised Representative, Vinod Sachdeva, one of the Directors of the Financial Creditor.

iii. Similarly, Section 7 Application

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