Harish Shivdasani vs Harsh Vinimay Pvt. Ltd

Company Appeal (AT) (Ins.) No. 755 of 2018

IN THE MATTER OF:

Harish Shivdasani ...Appellant

Versus

Harsh Vinimay Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Divyanshu Rai, Advocate

For Respondent: Mr. Ankit Singal and Mr. Divyanshu Gupta, Advocates

ORDER

09.04.2019 The application under Section 9 of the 'Insolvency and

Bankruptcy Code, 2016' (for short, 'the I&B Code') was preferred by 'Harsh

Vinimay Private Limited' (Operational Creditor) for initiation of 'corporate

insolvency resolution process' (CIRP) against 'Maa Mahamaya Steels Private

Limited'.

Learned counsel for the appellant submits that the appellant tried to settle

the matter but the parties could not settle the matter.

From bare perusal of the order, we find the application filed by the

respondent was in order. The argument made on behalf of the counsel for the

appellant is that there is no document to show that there is default but that

cannot be accepted and the application filed shows the record of 'debt' and

- 2-

'default'. Section 8 notice was also sent prior to the application of Section 9 and

we find no infirmity in the order dated 29th October, 2018 for admitting the

application.

Learned counsel appearing on behalf of the respondent submitted that the

appellant has suppressed number of facts before the Arbitral Tribunal and also

before the National Company Law Tribunal, Mumbai Bench. They have also

suppressed all the relevant material of facts even from this Appellate Tribunal

and thereby requested to impose exemplary cost on it. However, we are not

inclined to go into the question as to whether a fraud is made by the appellant

or not, which will be decided on the application if moved by the 'Financial

Creditor'. As we find no merit in the appeal, the appeal is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

/ns/sk/

Company Appeal (AT) (Ins.) No. 755 of 2018