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2023 Supreme(Online)(NCLT) 1766

NATIONAL COMPANY LAW TRIBUNAL
VS Ramalingam Construction Company Pvt. Ltd.


Advocates:
For the Petitioner:Abhishek Naik

ORDER

Under Adjudication is an Application filed by Liquidator, Vichitra Narayan Pathak of ‚Laxmipati balaji infra private limited (hereinafter referred to as ‘Operational Creditor‛) under Section 9 of the Insolvency & Bankruptcy Code 2016 (in short, ‘IBC 2016’) r/w Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against ‚Ramalingam construction company private limited ‚(hereinafter referred to as ‘Corporate Debtor’), to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor, declare a moratorium and appoint Interim Resolution Professional.

2. Part I of the Application sets out the details of the Applicant which states that the Operational Creditor is under Liquidation. Part-II of the Application states that the Corporate Debtor is a Private Limited Company and the registered office of the Corporate Debtor as per the Application is stated to be situated at NR Tower, no 175/2, south state bank Chettipalayam Erode TN 638002.In Part III of the Application, the Operational Creditor has not proposed the name of the IRP and left it to the discretion of this Tribunal to appoint the IRP.

3. In Part IV of the Application, th

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