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2017 (11) TMI 1858

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..... the Appellant is an Investor therefore, the Appellant cannot claim to be an ‘aggrieved person’ for preferring appeal against the order dated 2nd May, 2017 passed by Adjudicating Authority whereby the application under Section 9 of the ‘I&B Code’ was admitted. In fact, the Appellant being an investor is entitled to file its claim before the ‘Insolvency Resolution .....

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..... g initiation of Corporate Insolvency Resolution Process against M/s. Royal Twinkle Star Club Limited as nullity, the initiation under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as I&B Code ) having made fraudulently by the Operational Creditor in collusion with the Directors. Before the Adjudicating Authority prayer was made to recall the order dated 2nd May .....

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..... hat the Company Petition under Section 9 of the I&B Code preferred by the Operational Creditor was filed fraudulently in connivance with the Directors and due to the same, by consent order Corporate Insolvency Resolution Process was initiated on 2nd May, 2017. According to him, the Operational Creditor is also liable to be punished under Section 65 of the I&B Code for not bringing relevant .....

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..... admitted. In fact, the Appellant being an investor is entitled to file its claim before the Insolvency Resolution Professional. 5. Further, as the order dated 2nd May, 2017 is not under challenge in this appeal this Appellate Tribunal cannot express any opinion with regard to the order of admission dated 2nd May, 2017. If the said order dated 2nd May, 2017 is allowed to be challenged, the appeal .....

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