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2023 Supreme(Online)(NCLT) 1490

NATIONAL COMPANY LAW TRIBUNAL
KTR MANAGEMENT SERVICE PVT LTD – Appellant
Versus
SAHARA HOSPITALITY LTD – Respondent


Advocates:
For the Petitioner:SACHIN DAGA
For the Respondent:ADITYA CHOPRA

ORDER

Per: Kuldip Kumar Kareer, Member (Judicial)

1. The present petition has been filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "Code") by KTR Management Services Limited (hereinafter called ‘Operational Creditor’) praying, inter-alia, for initiation of Corporate Insolvency Resolution Process (‘CIRP’) against Sahara Hospitality Limited (hereinafter called ‘Corporate Debtor’) for resolution of an unresolved Operational Debt of Rs. 8,22,82,004/- (Rupees Eight Crores Twenty Two Lakhs Eighty Two Thousand and Four)

The submissions of the Operational Creditor are as follows:

2. The Corporate Debtor entered into an agreement with the Operational Creditor to provide manpower supply services since 2009 renewable on yearly basis. The Operational Creditor provided all the services as required under the aforesaid agreement. In pursuance of the said services provided, the Operational Creditor raised as per the agreement running bills payable within 7 days from the date of invoice and which were accepted by the Corporate Debtor without raising any protest or demur.

3. Since April 2016, the Corporate Debtor started paying ad hoc amounts as against i

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