Back
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Arun Baroka, Member (Technical)
Subhash N Dawar – Appellant
Versus
Nanjing Maohj Information & Technology Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. an appeal against an insolvency order. (Para 1 , 2 , 3) |
| 2. court's preliminary observations. (Para 4 , 11) |
| 3. arguments challenging creditor's claims. (Para 5 , 6 , 7 , 10) |
| 4. existence of a dispute affects insolvency proceedings. (Para 12 , 13 , 14 , 19 , 39) |
| 5. malpractices do not negate creditor's claim. (Para 15 , 46) |
| 6. creditor's claim upheld; appeal dismissed. (Para 50) |
JUDGMENT
(Hybrid Mode)
[Per: Arun Baroka, Member (Technical)]
This is an Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the (“IBC Code”) against the Impugned Order dated 10.04.2024 (hereinafter referred to as “Impugned Order”) under Section 9 of the IBC, passed by the Hon’ble National Company Law Tribunal (hereinafter referred to as “Adjudicating Authority”), Ahmedabad Bench, Ahmedabad in [(IB)/153/(AHM)/2021].
2. Nanjing Maohj Information & Technology Co. Ltd.- NMIT - the Operational Creditor had supplied some machineries to the M/s Alliance Embroidery Machine Private Limited through Chirag Impex Limited located at Hong Kong. Corporate Debtor - M/s Alliance Embroidery did not make payment except for some initial advance which was provided to the Ope
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
