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2022 (12) TMI 372 - AT - Insolvency and BankruptcyMaintainability of petition - Appellant does not satisfy the basic requirements of the provision of Companies Act as the Respondents are not a company as on the date of filing of the present petition - Section 421 of the Companies Act, 2013 - HELD THAT:- The Company Petition filed on 13.07.2018 by the Appellant before the Tribunal after delay of 4 years - Further, it is observed that the Appellant lodged FIR No.0259 dated 03.09.2016 regarding forgery, which has already been registered and presently charge sheet has been filed in the above FIR and the same is pending before the Court of Ms. Neha Pandey, MM-03, Tis Hazari Court (West), Delhi. It is also observed that the Respondent No. 6 the erstwhile company i.e. Bhero Baba Infosolutions Pvt. Ltd. has been converted into (Respondent No. 7) LLP i.e. Bhero Baba Info Solutions LLP way back in 05.01.2016 more than two and half years before filing of Company Petition. Registry to upload the Judgment on the website of this Appellate Tribunal and send the copy of this Judgment to the National Company Law Tribunal (New Delhi Court III), forthwith.
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