2023 (6) TMI 794

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..... der Section 12A (filed by Ex-Promoter) can be entertained deferring consideration of approval of Resolution Plan by the Adjudicating Authority - NCLAT [ 2022 (1) TMI 1323 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI] held The Adjudicating Authority being not satisfied that there is adequate reason to accept the prayer of the Appellant, no error has been committed by .....

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..... R Mr. Sanjay Bhatt, Adv. Ms. Ruchi Goyal, Adv. ORDER We do not find any good ground and reason to interfere with the impugned judgment, as the appellant, in our opinion, cannot invoke Section 12A of the Insolvency and Bankruptcy Code, 2016 in the absence of requisite concurrence/consent of 90% of the creditors. In view of the aforesaid position, the appeal is dismissed. We clarify t .....

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