2019 (11) TMI 125

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..... ed 19th December, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench-III, whereby application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code' for short) filed by Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l, who claimed to be 'Operational Creditor' has been admitted. 2. Learned counsel appearing on behalf of the Appellant submitted that the Respondent- Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l had arrangement with one 'Global Energy Talent, Mauritius' and not with 'M/s. Global Energy Talent Private Limited', an Indian Company, but Demand Notice under Section 8(1) was issued to 'M/s. Global Energy Talent Private Limited'- ('Corporate Debtor'). 3. It was brought to ou .....

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..... to consideration the fact that 1st Respondent has not disputed that it had no arrangement or agreement with 'M/s. Global Energy Talent Private Limited', an Indian entity shown as 'Corporate Debtor' and had settled the matter with 'M/s. Global Energy Talent, Mauritius', it appears to us that the application under Section 9 was filed by 1st Respondent with malicious intention for purpose other than for the resolution of insolvency, or liquidation of 'M/s. Global Energy Talent Private Limited', as liable for action under Section 65 of the 'I&B Code'. This apart, as in absence of any relationship of the 'Operational Creditor' and the 'Corporate Debtor' between Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l and 'M/s. Global Energy Talent Private .....

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..... ired to be passed against Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l under Section 65 of the 'I&B Code' on the ground that the application was filed by him fraudulently with malicious intention for purpose other than for the resolution of insolvency, or liquidation. Before deciding such issue, the Adjudicating Authority will have to give notice to Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l and after hearing pass any order under Section 65. 12. This order will not come in the way of other creditors who may move before appropriate forum for appropriate relief. The appeal is allowed with aforesaid observation. However, in the facts and circumstances of the case, there shall be no order as to cost.
Case laws, Decisions, Judgements .....

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