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NATIONAL COMPANY LAW TRIBUNAL
HON’BLE MR. HARNAM SINGH THAKUR, HON’BLE MR. SUBRATA KUMAR DASH, JJ
Intec Capital Ltd. – Appellant
Versus
Guava Softs Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed under ibc for debt recovery. (Para 1 , 2 , 3) |
| 2. examination of limitation period and filing validity. (Para 10 , 11) |
| 3. determination of proper authority for filing. (Para 12 , 13) |
| 4. outcome of dismissal for unauthorized and time-barred petition. (Para 14) |
JUDGMENT
The present petition has been filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘Code’) read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 by Intec Capital Ltd. (hereinafter referred to as ‘Petitioner/Financial Creditor’) to initiate the Corporate Insolvency Resolution Process (‘CIRP’) against Guava Softs Pvt. Ltd. (hereinafter referred to as ‘Respondent/Corporate Debtor’). The petition is signed by Mr. Chandan authorized by the Financial Creditor and the affidavit verifying the contents of the application is on pages 33 to 35 of the petition. A copy of the Authority Letter along with notification is attached as Annexure 3 of the petition.
2. The master data of the corporate debtor is stated to be filed as Annexure-2 of the petition. The Corporate Debtor is stated to be incorporated on 12.05.2006
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