GREETA MANI Vs. JJ FINCAP PRIVATE LIMITED

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order passed by the National Company Law Tribunal dtd. 22/8/2022 in M.A.No.17 of 2022 in CP(IB)/282/CHE/2021 and to consequently set aside the order dtd. 19/4/2022 initiating C.I.R.P. (Corporate Insolvency Resolution Process) in CP(IB)/282/CHE/2021 on the file of the National Company Law Tribunal, Chennai Bench I.

(2.) Heard Mr.R.Parthasarathy, learned counsel for the petitioner, Mr.P.H.Aravind Pandian, learned counsel for the first respondent and Mr.Anant Merathia, learned counsel for the second respondent.

(3.) The averments in the petition would show that, the petitioner has preferred an appeal before the NCLAT against the order dtd. 22/8/2022 passed in M.A.No.17 of 2022. The petitioner has also filed an appeal against the order initiating C.I.R.P. (Corporate Insolvency Resolution Process) dtd. 19/4/2022 before the National Company Law Appellate Tribunal in Comp. Appeal (AT)(CH)(Ins)No.169 of 2022. The Appellate Tribunal had not granted stay of the order of the National Company Law Tribunal initiating the C.I.R.P. (Corporate Insolvency Resolution Process). The petitioner had filed application in M.A.No.17 of 2022 stating that certain additional facts came to her knowledge after the order was passed by the Tribunal on 19/4/2022. The said application was filed stating that the order dtd. 19/4/2022 was obtained by the financial creditor by playing fraud on the Court and the alleged outstanding amount was less than the threshold limit of Rs.1,00,00,000.00(Rupees one crore only).