NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Sharad Kumar Sharma (Member(Judicial)) , Hon'ble Mr. Jatindranath Swain (Member (Technical)) ,
S Arun – Appellant
Versus
M/s. Ambal Agencies – Respondent
O R D E R
(Hybrid Mode)
[ORAL JUDGMENT: Justice Sharad Kumar Sharma, Member (Judicial)] 21.04.2026:
In the instant Appeal, the Appellant, the suspended director of the Corporate Debtor M/s. Sargam Metals Pvt. Ltd., puts a challenge to the impugned order of 28.11.2024 that was passed by the Ld. NCLT Chennai Bench in CP(IB) No. 211/CHE/2022. The consequential effect of the impugned order, had been that the application preferred by the Respondent under Section 9 of the I & B Code, 2016, has been allowed and the Corporate Debtor (CD) has been put under Corporate Insolvency Resolution Process (CIRP).
2. Ld. Senior Counsel for the Appellant has submitted that, the manner in which the Ld. Tribunal has proceeded to decide the controversy qua the admission of an application under Section 9 of the Code, is absolutely preposterous and contrary to the documents on record and is based on wrongful appreciation of the evidence. He has contended that Ld. NCLT has incorrectly held that the proceedings initiated under Section 9 of the Code, at the behest of the Respondents was not barred by limitation and that, the corporate debtor had acknowledgement of liability by issuing the cheques later on and tha
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