DUNCANS INDUSTRIES LTD. Vs. A. J. AGROCHEM

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.06.2019 passed by the National Company Law Appellate Tribunal (for short "NCLAT") by which the learned Appellate Tribunal has allowed the said appeal preferred by the respondent herein and has quashed and set aside the order dated 05.10.2018 passed by the National Company Law Tribunal, Kolkata (for short "NCLT"), holding that the respondent's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short "IBC") would be maintainable, the original respondent has preferred the present appeal.

(2.) The facts of the case in nutshell are as under:

(3.) Shri Shyam Divan, learned Senior Advocate has appeared on behalf of the appellant-corporate debtor and Shri Amar Dave, learned Advocate has appeared on behalf of the respondent- operational creditor.