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2021 Supreme(SC) 247

INDIRA BANERJEE, HEMANT GUPTA
SESH NATH SINGH – Appellant
Versus
BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANR. – Respondent


Advocates Appeared:
For the Appellant(s) :Siddhartha Dave, Pallavi Langar, Poushali Banerjee, Aditya Vaibhav Singh, Advocates
For the Respondent(s):Pranay Agarwal, Rajeev Singh, Advocates

JUDGMENT :

Indira Banerjee, J.

This appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, hereinafter referred to as the ‘IBC’, is against a judgment and order dated 22nd November 2019, passed by the National Company Law Appellate Tribunal (NCLAT), dismissing Company Appeal (AT) (Insolvency) No.672 of 2019, filed by the Appellants, challenging an order dated 25th April 2019, of the National Company Law Tribunal (NCLT), Kolkata Bench, admitting the application filed by the Respondent No.1 as Financial Creditor, under Section 7 of the IBC being CP(IB) No.1202/KB/2018, thereby initiating the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Debi Fabtech Private Ltd.

2. The Corporate Debtor was inter alia engaged in the business of export of textile and garments. On or about 8th February 2012, the Corporate Debtor requested the Financial Creditor for cash credit facility of Rs.1,00,00,000/-(Rupees One Crore).

3. By a letter of sanction dated 15th February, 2012, the Financial Creditor granted Cash Credit Facility of Rs.1,00,00,000/-to the Corporate Debtor, after which a Cash Credit Account No.482 was opened in the name of the Corporate Debtor. The C

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