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2025 Supreme(Online)(NCLT) 2130

NATIONAL COMPANY LAW TRIBUNAL
MANNI SANKARIAH SHANMUGA SUNDARAM, ATUL CHATURVEDI, JJ
CLIMAX ENTERPRISES PRIVATE LIMITED – Appellant
Versus
SUPER AAYS PRIVATE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Gulshan Sachdev, Adv. Krihika Shahu
For the Respondents:

Table of Content
1. details of the parties involved and the debt claimed. (Para 1 , 2 , 3)
2. arguments presented by both parties regarding the debt and application. (Para 4 , 5 , 6)
3. court's analysis of jurisdiction and procedural requirements. (Para 7 , 8 , 9 , 10)
4. existence of pre-existing disputes as a ground for application dismissal. (Para 11 , 12 , 13 , 14 , 15 , 16)
5. conclusion on the dismissal of the application. (Para 17 , 18 , 19)

ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. This is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 by M/s Climax Enterprises Private Limited (‘Operational Creditor’), for initiation of Corporate Insolvency Resolution Process (‘CIRP’) against M/s Super Aays Private Limited (‘Corporate Debtor’)

2. M/s Climax Enterprises Private Limited (Operational Creditor) is a company registered under the provisions of the Companies Act, 1956, having its registered office at A-10, G.T. Karnal Road Industrial Area, G.T. Karnal Road, Delhi- 110033. M/s Super Aays Private Limited (Corporate D

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