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NATIONAL COMPANY LAW TRIBUNAL
Shri Prabhat Kumar, Shri V.G. Bisht, JJ
Shri. Bhaskar Gopal Shetty – Appellant
Versus
Shri.DushyantD Mehta & others – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. procedural aspects and representation of parties. (Para 5 , 6) |
| 3. analysis of preferential payments and statutory exceptions. (Para 7 , 8 , 9 , 10) |
| 4. write-off of debts and implications of fraudulent transactions. (Para 11 , 14) |
| 5. legal standards for fraudulent trading and liability. (Para 12 , 15) |
| 6. court's directive for contribution by directors. (Para 16) |
| 7. final order and conclusion of the application. (Para 17 , 18) |
ORDER
1. This Interlocutory Application IA 2490 of 2024 is filed by Shri. Bhaskar Gopal Shetty, Liquidator (Applicant/Liquidator) of M/s. Mediaman Infotech Private Limited (“Corporate Debtor”) under Section 43 r.w.s. 44 and Section 66 of Insolvency & Bankruptcy Code, 2016 (“Code”) seeking following reliefs :
(a) Admit and Allow the present Application;
(b) Pass an Order declaring the transactions amounting to 2473.11/- Thousand carried out with the R1 as preferential transaction U/s. 43 of the Code and direct the R1 to remit the said amount to the kitty of the Corporate Debtor;
(c) Pass an Order declaring the transactions amounting to 11,122.71/- Thousand carried out with the R3 as p
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