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TMI Blog2019 (10) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... Law For the Respondents : Asadullah Shaikh, Advocate, i/b K.K. Associates ORDER V. Nallasenapathy, Member (T) 1. This Company Petition is filed by Ms. Mrudula P. Vora, (hereinafter called "Petitioner") seeking to set in motion the Corporate Insolvency Resolution Process (CIRP) against Kavya Buildcon Private Limited (hereinafter called "Corporate Debtor") alleging that Corporate Debtor committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Corporate Debtor herein, who is a partner in a partnership firm and another partner of the partnership firm Mr. Mansukhlal D. Vora demanding a sum of Rs. 21,31,036/-. The Petitioner then filed this Petition. 4. The Corporate Debtor filed written statement to the petition and raised the following issues; (a) The petition is not maintainable under Section 7 of the Code and also barred under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of default does not arise. 5. The counsel for the Petitioner submitted that even though the debt is owed by the partnership firm, in view of the non-payment of the debt by the partnership firm, one of the partner who is a Corporate Debtor herein is jointly and severally liable to pay the debt as provided under Section 25 of the Partnership Act, 1932 and hence this Petition is filed against the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irm namely- 'Gammon Neelkanth Realty Corporation'. 'Neelkanth Realtors Pvt. Ltd.', 'Gammon Housing and Estates Developers Ltd.' and 'Neelkanth Mansions and Infrastructure Pvt. Ltd.' are the partners, therefore, even if one of the partners or more than one partner is the 'Corporate Debtor' as the amount is due from the partnership firm, the application under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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