JUDGMENT

(Hybrid Mode)

Per: Barun Mitra, Member (Technical)

The present appeal filed under Section 61 of Insolvency and Bankruptcy Code 2016 (‘IBC’ in short) by the Appellant arises out of the Order dated 26.10.2023 (hereinafter referred to as ‘Impugned Order’) passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Bench-II) in CP (IB) No. 205(ND)/2023. By the impugned order, the Adjudicating Authority has dismissed the Section 9 application filed by the Operational Creditor for initiating Corporate Insolvency Resolution Process (‘CIRP’ in short) against the Corporate Debtor-New Era Solutions Private Limited. Aggrieved by the said impugned order, the present appeal has been filed by the Appellant-R.A.J. Krishna Construction Private Limited.

2. Making his submissions, Shri Harshit Khare, the Ld. Counsel for the Appellant-Operational Creditor submitted that the Appellant is engaged in the business of project management and consultancy and turnkey construction of infrastructure projects. The Appellant was awarded a work by Home & Soul (‘H&S’ in short) vide a work order dated 12.10.2018. (For convenience, we shall hereinafter refer to the work order of 12.10.2018