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2024 Supreme(Online)(NCLT) 1966

NATIONAL COMPANY LAW TRIBUNAL
MR. PARITOSH JAIN AND ANR – Appellant
Versus
ANAND DIVINE DEVELOPERS PRIVATE LIMITED – Respondent


Advocates:
For the Petitioner:Jitesh Pandey

IN THE NATIONAL COMPANY LAW TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

CP (IB) No.54/(PB)/2023

ORDER UNDER SECTION 7 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 R/W RULE 4 OF THE INSOLVENCY AND BANKRUPTCY

(APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016.

IN THE MATTER OF :

Mr. Paritosh Jain & Anr. .... APPLICANT

VERSUS

Anand Divine Pvt. Limited . RESPONDENT

ORDER PRONOUNCED ON: 21.03.2024

CORAM:

CHIEF JUSTICE (RETD.) RAMALINGAM SUDHAKAR

HON’BLE PRESIDENT

SHRI AVINASH K. SRIVASTAVA

HON’BLE MEMBER (TECHNICAL)

Appearances:

For the Applicant/ : Ms. Amrita Sarkar, Advocate

Financial Creditor

For the Respondent : Mr. Krish Kalra, Advocate for the

/ Corporate Debtor Respondent

O R D E R

1. This is an application filed by Mr. Paritosh Jain and Ms. Nidhi Jain (Applicant/Financial Creditor), represented by their power of attorney holder Mr. Sanjay Bharadwaj, under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC,2016), r/w Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, (Adjudicating Authority Rules), for initiating the Corporate Insolvency Resolution Process (CIRP), declaring moratorium and for appointment of Interim Resolution Professional (IRP), against the

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