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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Shiv Glitz Hotels and Resorts LLP – Appellant
Versus
Oravel Stays Limited – Respondent
| Table of Content |
|---|
| 1. overview of the appeal's context and prior proceedings. (Para 1 , 2) |
| 2. arguments presented by both sides regarding application dismissal. (Para 5 , 6) |
| 3. legal standards of notice for rectification before dismissal. (Para 10 , 12) |
| 4. court's rationale for setting aside the previous decision. (Para 19) |
| 5. conclusion and directives issued by the court. (Para 21) |
JUDGMENT
ASHOK BHUSHAN, J.
This Appeal by Operational Creditor has been filed challenging order dated 02.01.2024 passed by National Company Law Tribunal, Ahmedabad, Special Bench, Court-2, rejecting Section 9 Application filed by the Appellant as defective. Aggrieved by the order, the Appellant has come up in this Appeal.
2. On 07.10.2017, the Appellant and the Respondent executed a Merchant Agreement wherein fixed revenue of Rs.40 lakhs per month was agreed to by the Respondent – Corporate Debtor. Pursuant to the above Agreement, the Appellant provided services of boarding & lodging, conducting social events and F&B services to the Respondent on OYO Platform. The Appellant raised various invoices in references to services provided to the Respondent. On 29.03.2023, a Demand Notice was sent by the Operational Cre
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