J U D G M E N T

(21^st July, 2025)

Ashok Bhushan, J.

This Appeal has been filed against the order dated 23.08.2019 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench-II rejecting Section 9 application filed by the Appellant. This Appeal was decided by judgment of this Tribunal dated 10.08.2020 allowing the Appeal by setting aside the order of the Adjudicating Authority and remitting the case to the Adjudicating Authority for admitting the application under Section 9. Aggrieved by the order of this Tribunal dated 10.08.2020, the Corporate Debtor- M/s. Compack Enterprise India Pvt. Ltd. filed Civil Appeal No.3119 of 2020 before the Hon’ble Supreme Court. Hon’ble Supreme Court vide its judgment and order dated 18.04.2023 disposed of the Appeal setting aside the judgment and order dated 10.08.2020 of this Tribunal and remitted the matter to this Tribunal for fresh determination. Direction of the Hon’ble Supreme Court shall be noticed hereinafter. After the order of the Hon’ble Supreme Court dated 18.04.2023, this Appeal has been heard on 02.07.2025 and judgment reserved.

2. We proceed to notice brief facts of the case leading to filing of Section 9 applicat