LAWS(NCLAT)-2020-6-13

BIJAY PRATAP SINGH Vs. UNIMAX INTERNATIONAL

Decided On June 15, 2020
Bijay Pratap Singh Appellant
V/S
Unimax International Respondents

JUDGEMENT

(1.) The Appellant / Shareholder of the 'Corporate Debtor' / 2nd Respondent has preferred the present Company Appeal (AT) (Ins.) 1273/2019 as an 'Aggrieved person', as against the order dated 30.09.2019 in C.P.(IB) No. 415(PB)/2019 dated 30.09.2019 passed by the National Company Law Tribunal, ('NCLT') Principal Bench, New Delhi, in admitting the Section 9 application filed by the 1st Respondent / 'Financial Creditor'.

(2.) Earlier, the Adjudicating Authority ('NCLT') while passing the impugned order on 30.09.2019 at paragraph 14 to 16 had observed the following: -

(3.) The Learned Counsel for the Appellant contends that the 1st Respondent is based at Uttarakhand and was engaged in supply of aluminum frame work with standard accessories for a project, viz. Misty Heights Project developed by Maple Realcon Pvt. Ltd. According to the Appellant the Real Estate Firm was developing the project on behalf of Maple Realcon Pvt. Ltd. and requested the 1st Respondent to supply the aluminum frame work system.