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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Barun Mitra, Member (Technical)
M/s Morex Corporation Limited – Appellant
Versus
Jindal Poly Films Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal under ibc regarding contract termination. (Para 1 , 2) |
| 2. dispute over contract execution and unilateral termination. (Para 3 , 4 , 5 , 6 , 18 , 19 , 20) |
| 3. analysis of communications regarding contract obligations. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. court's ruling on pre-existing disputes and ibc applicability. (Para 30 , 31 , 32) |
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 14.12.2023 (hereinafter referred to as ‘Impugned Order’) passed by the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench, Prayagraj) in C.P. (IB) No.12/ALD/2021. By the impugned order, the Adjudicating Authority has rejected the Section 9 application filed by the Appellant-M/s Morex Corporation Limited. Aggrieved by the impugned order, the present appeal has been preferred by the Appellant.
2. Putting the facts briefly, the Appellant-M/s Morex Corporation Limited had entered into a business understanding with the Respondent-M/s Jindal Poly Films
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