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NATIONAL COMPANY LAW TRIBUNAL
Shri. Kuldip Kumar Kareer, Member Judicial, Shri. Anil Raj Chellan, Member Technical
Mr. Divyesh Desai Resolution Professional for Trend Electronics Limited – Appellant
Versus
Dish Infra Services Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. nature of transactions between corporate debtor and respondent. (Para 2 , 3 , 6 , 11) |
| 2. respondent's argument against the adjustability of dues. (Para 15 , 16 , 19) |
| 3. interpretation of contractual rights and set-off in insolvency context. (Para 34 , 36 , 41) |
| 4. court’s ruling on the inability to demand dues without filing a claim. (Para 44 , 46) |
ORDER
Per: Mr. Kuldip Kumar Kareer, Member (Judicial)
1. This I.A. is filed by Mr. Divyesh Desai, the Resolution Professional of Trend Electronics Limited (Corporate Debtor) under Section 60 (5) of the Insolvency and Bankruptcy Code , 2016 (IBC Code) seeking the following reliefs:
o This Tribunal be pleased to pass an order declaring that the adjustment of Rs. 11,79,23,895/-, for which the Respondent No. l ought to have filed claims as an Operational Creditor of the Corporate Debtor made by the Respondent No.1 during CIRP process of the Corporate Debtor is illegal, unlawful, bad, improper and contrary to the provisions of the Code including Section 14 thereof.
o This Tribunal be pleased to pass an order directing the Respondent No.1 to reverse the wrongful adjustment of Rs. 11,79,23,895 made by the Respondent No.1 to the Cor
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