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2023 Supreme(Online)(NCLAT) 2801

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) ,
RAKESH RAJPAL – Appellant
Versus
R.P. OF RAJPAL ABHIKARAN PVT. LTD – Respondent


ORDER

[Per : Justice Rakesh Kumar Jain (Oral)] 23.02.2023 This appeal is directed against the order dated 25.08.2022 passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Indore Bench) by which an IA/12(MP)2022 filed in CP (IB) 6 of 2020 by the ‘Resolution Professional’ under Section 30(6) read with Section 31 of the Insolvency & Bankruptcy Code, 2016 (the ‘Code’) for approval of the Resolution Plan submitted by the Resolution Applicant, namely, Aggarwal Real City Private Limited, has been allowed.

2. Shorn of unnecessary details, the facts given to us in court are that M/s Chandraudai Automobiles Private Limited filed an application under Section 9 of the Code as an Operational Creditor against Rajpal Abhikaran Private Limited (Corporate Debtor) for resolution of an amount of Rs. 69 2 | P a g e lakhs. The said application was admitted by the ‘Adjudicating Authority’ on 26.03.2021. 3. The Appellant herein is the Suspended Director of the Corporate Debtor. It is submitted that the Appellant had also submitted an application under Section 12A of the Code to the Committee of Creditors which was rejected on 07.12.2021. 4. The present appeal has been fi





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