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2024 Supreme(Online)(NCLT) 1838

NATIONAL COMPANY LAW TRIBUNAL
SMT. BIDISHA BANERJEE, SHRI BALRAJ JOSHI, JJ
M/S RAMJEE POWER CONSTRUCTION LIMITED – Appellant
Versus
M/S JHARKHAND BIJLI VITRAN NIGAM LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Joy Saha, Sr. Adv., Mr. Anil Kumar Dubey, PCS
For the Respondents: Mr. A. K. Srivastava, Adv., Mr. Akash Sharma, Adv.

Table of Content
1. the representation of pre-existing disputes can affect the applicability of cirp. (Para 6 , 7)
2. limitation and contractual obligations are integral to resolving claims and disputes. (Para 8)
3. operational debt eligibility under the ibc is dependent on the absence of disputes. (Para 9 , 10)

ORDER

Per Balraj Joshi, Member (Technical):

1. This Court is congregated through hybrid mode.

2. Heard the Ld. Senior Counsel, Shri Joy Saha for the Applicant and Ld. Counsel, Shri A.K. Srivastava for the Respondent.

3. This instant application is filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 , for brevity I&B Code/ IBC, read with other provisions of law, by one Ramjee Power Construction Limited, through its Director, Mr. Satish Kumar Das, having its registered office at Kumar Niwas, Bright Lane, Kokar Ranchi, Jharkhand- 834001, hereinafter referred to as “Applicant” (“Operational Creditor”) against M/ s. Jharkhand Bijli Vitran Nigam Limited, through its Managing Director, having its registered office at Engineering Building, H.E.C. Dhurwa, P.S.-Hatia, Ranchi, Jharkhand- 834002 hereinafter referred to as “Respondent” (“Corporate Debtor”) seeking the direction

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