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2024 Supreme(Online)(NCLAT) 749

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Arun Baroka, Member (Technical)
Mr. Gulshan Kumar Ahuja – Appellant
Versus
Monika Garg – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anand Chhibbar, Ms. Eshna Kumar, Mr. Lakshmi Kant Srivastava
For the Respondents: Mr. Abhishek Anand, Mr. Krishna Sharma, Mr. Karan Kohli

Table of Content
1. background of the corporate debtor and the operational creditor. (Para 2 , 3 , 4 , 5 , 6)
2. details of the gst-related issues and the responses exchanged. (Para 8 , 9 , 10 , 11)
3. arguments regarding pre-existing disputes and their implications. (Para 12 , 19 , 20)
4. court observations on the merits and substantiation of disputes. (Para 21 , 23 , 27)
5. final rulings regarding the initiation of cirp and disputed debts. (Para 40 , 42 , 44)

JUDGMENT

(Hybrid Mode)

[Per: Arun Baroka, Member (Technical)]

The present Appeal is being filed by the Appellant / Corporate Debtor, a member of the suspended board of directors of the Corporate Debtor under Section 61 of the Code against the Impugned Order, passed in C.P. (IB) 657/CHD/PB/2019 by the Hon’ble Adjudicating Authority, wherein the Hon’ble Adjudicating Authority admitted the application filed by Respondent No.1 under Section 9 Code and initiated the Corporate Insolvency Resolution Process (“CIRP”) of the Corporate Debtor.

Brief Background of the case

2. The Corporate Debtor was incorporated on 06/12/2010 under the provisions of the Companies Act, 1956 with CIN No. U17119PB2010PTC034482, with its registered office at B-VI-

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