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2019 (11) TMI 125 - AT - Insolvency and BankruptcyAdmissibility of application - initiation of CIRP - Operational Creditor - Corporate Debtor - HELD THAT:- 1st Respondent has not disputed that it had no arrangement or agreement with ‘M/s. Global Energy Talent Private Limited’, an Indian entity shown as ‘Corporate Debtor’ and had settled the matter with ‘M/s. Global Energy Talent, Mauritius’, it appears to us that the application under Section 9 was filed by 1st Respondent with malicious intention for purpose other than for the resolution of insolvency, or liquidation of ‘M/s. Global Energy Talent Private Limited’, as liable for action under Section 65 of the ‘I&B Code’. The matter is also remitted to the Adjudicating Authority to decide whether any order is required to be passed against Mr. Mohamed Hesham Mohamed Amin Basha Mashaa’l under Section 65 of the ‘I&B Code’ on the ground that the application was filed by him fraudulently with malicious intention for purpose other than for the resolution of insolvency, or liquidation - Appeal allowed.
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