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2017 (11) TMI 1858

..... the Directors - Section 9 of the ‘I&B Code’ - HELD THAT:- Admittedly, 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 bei .....

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..... ribunal) Mumbai Bench, Mumbai in CP No. 895/I&BC/NCLT/MB/MAH/2017 alleging 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 .....

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..... l. 3. Learned senior counsel appearing on behalf of the Appellant submitted that 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 .....

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..... ing 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 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. I .....

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