TMI Blog2017 (10) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal allowed - decided in favor of appellant. - Company Appeal (AT) (Insolvency) No. 207 of 2017 - - - Dated:- 25-10-2017 - S.J. Mukhopadhaya, J. (Chairperson) And Bansi Lal Bhat, J. (Member (J)) For the Appellant : Sumi Soman For the Respondent : Narpat Mehta ORDER S.J. Mukhopadhaya, J. (Chairperson) 1. The respondent-Multi Trade filed a petition under sections 433 and 434 of the Companies Act, 1956 for winding up of the appellant-Transparent Technologies (P.) Ltd. (corporate debtor) before the High Court of Bombay on 12th April, 2016. During the pendency of the said case and in view of introduction of Insolvency and Bankruptcy Code, 2016 ('the I B Code') and pursuant of transfer Notification o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction and such petitions shall be treated as applications under section 7, 8 or 9 of the Code, as the case may be, and dealt with in accordance with Part II of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under section 7, 8 or 9 of the Code, as the case may be, including details of the proposed insolvency professional to the Tribunal within sixty days from date of this notification, failing which the petition shall abate. (2) All cases where opinion has been forwarded by Board for Industrial and Financial Reconstruction, for winding up of a company to a High Court and where no a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication on the appellant. However, such submission cannot be accepted in view of rule 5 aforesaid. 5. In view of the fact that as per the requirement the respondent has not submitted the information as required for admission of application under section 9 before the Adjudicating Authority, we hold that in terms of rule 5 and in absence of non-supply of requisite information's in terms of the rule aforesaid the application cannot be treated as an application under section 9 for initiation of corporate insolvency resolution process of the appellant. 6 . For the reasons aforesaid, we set aside the impugned order dated 17th August, 2017 passed by the Adjudicating Authority in TCP No. 183/I BP/NCLT/MAH/2017. 7. In effect, order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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