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2019 Supreme(Online)(NCLT) 4661

NATIONAL COMPANY LAW TRIBUNAL
Abhishek Baniykia – Appellant
Versus
E-infochips Limited – Respondent


Advocates:
For the Petitioner:Shashavata U Shukla
For the Respondent:Masoom K Shah

ORDER

Per: Ajai Das Mehrotra, Member (Technical)

1. This application is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity ‘IBC, 2016’) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity ‘the Rules’) by Mr. Abhishek Binaykia (for brevity ‘Applicant’) with a prayer to initiate the Corporate Insolvency process against E-infochips Limited (for brevity ‘Corporate Debtor’).

2. The Applicant financial creditor is an ex-employee of the corporate debtor company.

3. The corporate debtor is a limited company, incorporated under the provisions of companies Act, 1956 on 10.06.1988, duly registered with Registrar of Companies, Ahmedabad with CIN: U72200GJ1988PLC010830 and having registered office at Ahmedabad, Gujarat State. Authorised share capital of the corporate debtor is Rs. 31,30,00,000/- and paid up share capital of the company is Rs. 26,64,69,776/-. The corporate debtor is in the business of providing services in the area of product engineering and semiconductors.

4. It is submitted by the applicant that he was employed as Associate Vice President (Marketing) with the corporate debtor. On 08.05.2018 the r

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