Jan Aahar Pvt. Ltd vs Naveen Chandok

Jan Aahar Pvt. Ltd. ...Appellant

Vs.

Naveen Chandok ...Respondent

Present: For Appellant: - Mr. Arbind Kumar, Advocate.

ORDER

17.05.2018─ This appeal has been preferred by the 'Corporate Debtor'

against an order dated 22nd March, 2018, passed by the Adjudicating

Authority (National Company Law Tribunal), New Delhi Bench, whereby

and whereunder the application preferred by the Respondent-

'Operational Creditor' under section 9 of the Insolvency and Bankruptcy

Code, 2016 (hereinafter referred to as "I&B Code") has been admitted,

order of 'Moratorium' has been passed, 'Interim Resolution Professional'

has been appointed with certain directions.

2. Though the appeal is not maintainable at the instance of the

'Corporate Debtor' in view of the decision of the Hon'ble Supreme Court

in "Innoventive Industries Ltd. v. ICICI Bank─ 2017 SCC OnLine SC

1025" (Paragraph No.11), but before giving an opportunity to the

shareholder, we examined whether there is prima facie case made out

or not. We have also gone into the merit of the appeal.

Contd/-............

-2-

3. Learned counsel appearing on behalf of the Appellant submits

that there is an 'existence of dispute' but such submission cannot be

accepted as pursuant to demand notice under section 8(1) issued by the

'Operational Creditor', the 'Corporate Debtor' did not deny the claim by

filing reply under Section 8(2). This apart, there is nothing on the record

to suggest that before initiation of the 'Corporate Insolvency Resolution

Process' the 'Corporate Debtor' raised any dispute with regard to supply

or quality of goods.

4. The plea as taken at the time of hearing that one or other

documents is forged cannot be taken into consideration as the

'Corporate Debtor' has not denied the liability pursuant to demand

notice under Section 8(1) of the 'I&B Code'.

5. We find no merit in this appeal. It is accordingly dismissed. No

cost.

6. The Appellant has not shown the position of the Appellant-

'Corporate Debtor' and the Respondent- 'Operational Creditor' correctly

in the cause title of the paper book and in the cover page. The office is

directed to make necessary correction of the same. The case should be

titled as 'Jan Aahar Pvt. Ltd. V/s. Naveen Chandok'.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice Bansi Lal Bhat) Member(Judicial) Ar/uk