NATIONAL COMPANY LAW TRIBUNAL
SHRI MANNI SANKARIAH SHANMUGA SUNDARAM, DR. SANJEEV RANJAN, JJ
BRILLIANT METALS PVT LTD – Appellant
Versus
BP FRESH FRUIT PRIVATE LIMITED – Respondent
ORDER
PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)
1. This Petition is filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by M/s Brilliant Metals Pvt Ltd (“Applicant”), seeking to initiate Corporate Insolvency Resolution Process (“CIRP”) against M/s Bp Fresh Fruit Private Limited [CIN: Ul5412DL2009PTC191870] (“Corporate Debtor”) which is the corporate guarantor to loans availed by the M/s Avdhesh Construction and Impex Ltd. ("Principal Borrower").
2. The Corporate Debtor was incorporated on 03.07.2009, under the Companies Act, 1956. Its registered office is at BB-17, Basement, GK Enclave, South Delhi, India - 110048. Therefore, this Bench has jurisdiction to deal with this petition.
3. The Ld. Counsel for the Applicant has made the following submissions:
3.1 The Applicant, Brilliant Metals Pvt. Ltd., is engaged in the business of manufacturing and supplying equipment, including milk and milk processing plants. It is submitted that Mr. Avdhesh Mittal, Chief Financial Officer (CFO) of Avdhesh Construction and Impex Ltd (“the Principal Borrower”), approached the Financial Creditor with a proposal to set up milk plants across various locations in India.
3.2 On 15
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