NCLT JUDGEMENT ON SECTION 8, 9, 9(3)(B), 9(3)(C), 9(5), 9(5) (2)(D), 14(1), 14(2), 14(3), 14(4) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, REGULATION 6 OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (INSOLVENCY RESOLUTION PROCESS FOR CORPORATE PERSON) REGULATIONS, 2016 AND RULE 6 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016

NAME		MOBILE NO.	E-MAIL I’D
RANJEET KUMAR		8383098478, 9667769795	rk@courtkutchehry.com
JAI THAKUR		8130703334, 9355723300	jai.thakur@courtkutchehry.com
RAJEEV RANJAN		9334553249	rajiv.ranjan@courtkutchehry.com
ASHOK MISHRA		9718327746	sales@courtkutchehry.com
RAVI KUMAR			ravi.singh@courtkutchehry.com

Smc Corporation (India) Pvt. Ltd Vs. Akash Packtech Private Limited, (2020) 07 NCLT CK 0004

NCLT allowed the application filed by the applicant, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'code') read with Rules 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), 2016 (for brevity 'the Rules') with a prayer to initiate the Corporate Insolvency process against the Corporate Debtor. While allowing the application NCLT held that this Tribunal was constrained to proceed with the matter ex-parte against the Corporate Debtor as per order dated 19.11.2019, since the Corporate Debtor has not appeared, though Section 9 notice and the present application were duly served on the Respondent and proof of service is filed by the applicant. In view of above, we are satisfied that the present application is complete and the Operational Creditor is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code.