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2024 Supreme(Online)(NCLT) 2429

NATIONAL COMPANY LAW TRIBUNAL
V. G. Bisht (Retd.), Member (Judicial), Sh. Prabhat Kumar, Member (Technical)
Canara Bank – Appellant
Versus
Indira Container Terminal Private Limited – Respondent


Advocates:
For the Financial Creditor:Mr. Ishtiaq Ali, Advocate
For the Corporate Debtor:Mr. Aman Kacheria, Advocate

Table of Content
1. application of section 7 of ibc for initiating cirp against corporate debtor. (Para 1 , 2 , 3)
2. respondent's defense regarding limitations and project financing disputes. (Para 14 , 15)
3. existence of financial debt and default established; admission accepted. (Para 44 , 45 , 48)
4. cirp admitted with moratorium declared. (Para 51 , 52)

ORDER

Per: Justice V. G. Bisht (Retd.), Member (Judicial)

Brief Facts:

1. This Company Petition is filed under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Canara Bank ("hereinafter referred to as the Financial Creditor/Applicant"), seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Indira Container Terminal Pvt. Ltd. ("hereinafter referred to as the Corporate Debtor/Respondent/ICTPL").

2. The Applicant is a body corporate constituted under the Banking Companies (Acquisition and transfer of Undertaking) Act, 1970 having PAN:AAACC6106G with its head office at 112, J.C. Road, Bangalore - 560002.

3. The Respondent is constituted under the Companies Act, 1956 having Company Identification no. U63032MH2007PTC174100 with its head office at ICT Office, Indira Dock, Green Gate, Mumbai Port, Mumbai, Ma

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