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Maintainability of Application for CIRP filed under Section 9 of ...


Tribunal Rules Sub-Contractor's CIRP Application u/s 9 Not Maintainable Due to Lack of Direct Contractual Relationship.

June 24, 2023

Case Laws     Insolvency and Bankruptcy     AT

Maintainability of Application for CIRP filed under Section 9 of I&B Code - Sub-contractor of the main contractor - Contractual Relationship between the Appellant and the Respondent or not - privity of contact - This Tribunal is of the considered view that any promise made in the letter dated 17.10.2018, specifically having regard to Clause 6.1.4 of the Agreement for Civil Works and Construction entered into between Embassy Energy Private Limited and ISPL, whereby and whereunder, it was clearly specified that the sub-Contractor, would not have any contractual relationship with the owner and would not be entitled to prefer any Claims against the owner - AT

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