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2024 Supreme(Online)(NCLT) 1271

NATIONAL COMPANY LAW TRIBUNAL
Shammi Khan, Member(J), Sameer Kakar, Member(T)
Dineshbhai Khimjibhai Patel – Appellant
Versus
Dhara Cements (India) Pvt Ltd – Respondent


Advocates:
For the Applicant: Mr. Tirth Nayak, Mr. Manish Buchasia
For the Respondent: Ms. Rajni Bankar, Mr. Harmish K Shah

ORDER

1. This petition is filed on 07.06.2022 by the Financial Creditor Dineshbhai Khimjibhai Patel (hereinafter referred to as “Applicant/Financial Creditor”) against the Respondent Dhara Cements (India) Private Limited (hereinafter referred to as “Respondent/The Corporate Debtor”) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC, 2016”) read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for initiation of Corporate Insolvency Resolution Process (CIRP) against the Respondent, to appoint Interim Resolution Professional (hereinafter referred to as “IRP”) and declare the moratorium for having defaulted payment of its outstanding dues Rs.1,51,32,072/-. The date of default is stated to be 30.04.2013.

2. On perusal of Part-I of the Form-1 reveals that the Applicant is an Individual having Identification Number (Pan Number)- AKVPP5877B. The office of the Applicant is situated at Mohanpura Farm, Juni Sarotari, Iqbalgadh, TA Amirgadh, Distt- Banaskantha - 385134.

3. On perusal of Part-II of the Form-1 reveals the Respondent is a private limited company incorporated on 04.11.2008 having CIN No.U26941G

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