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2025 Supreme(Online)(NCLT) 865

NATIONAL COMPANY LAW TRIBUNAL
Shri Jyoti Kumar Tripathi, MEMBER (JUDICIAL), Shri Ravichandran Ramasamy, MEMBER (TECHNICAL)
Srinivasan Associates Private Limited – Appellant
Versus
Akshaya Private Limited – Respondent


Advocates:
For Operational Creditor: Mr. R. Bharathkumar, R. Divyapreathika
For Corporate Debtor: Mr.P.H. Arvindh Pandian, Sandeep Kumar Ambalavanan, Jerin Asher Sojan

Table of Content
1. petition filed under ibc for operational debt. (Para 2 , 3)
2. details of operational debt and contractual obligations. (Para 4 , 5 , 6 , 7)
3. existence of a pre-existing dispute regarding quality of work. (Para 12)

ORDER

(Heard through Hybrid)

This Petition has been filed under Section 9 of the Insolvency and Bankruptcy code, 2016 (“IBC”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016) by Srinivasan Associates Private Limited (SAPL)., (hereinafter referred to as ‘Operational Creditor’) against Akshaya Private Limited (hereinafter referred to as ‘Corporate Debtor’) seeking following reliefs

a) Allow the present petition and appoint the interim resolution professional;

b) Approve the resolution plan submitted by the Interim resolution professional before this Hon’ble Tribunal with the consent of the operational creditor and direct the payment of all outstanding debt due to the operational creditor by the corporate debtor company accordingly;

c) Pass an order directing that the corporate debtor company to be liquidated in the manner as laid down in the code;

d) Appoint the Interim Resolution professional or any other p

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