LAWS(NCLT)-2017-10-376

SOFTWAREONE INDIA PVT LTD Vs. EMKOR SOLUTIONS LIMITED

Decided On October 13, 2017
SOFTWAREONE INDIA PVT LTD Appellant
V/S
EMKOR SOLUTIONS LIMITED Respondents

JUDGEMENT

(1.) This is an application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') with a prayer for initiation of Corporate Insolvency Resolution Process in respect of respondent corporate debtor.

(2.) The applicant Software ONE India private limited, is a company incorporated under the provisions of the Companies Act, 1956 on 28.07.2010, having its registered office at 4th Floor, Kaveri Tower-1 211, Sector-D, Pocket-6, Vasant Kunj, New Delhi-110070.

(3.) It is stated that the respondent company Emkor Solutions Limited was incorporated under the provisions of the Companies Act, 1956 on 11.01.2012, having its registered office at 511/2/1, Rajokri, New Delhi-110038. Since the registered office of the respondent corporate debtor is in Delhi, this Tribunal having territorial jurisdiction over the place is the Adjudicating Authority in relation to the prayer for initiation of Corporate Insolvency Resolution Process in respect of respondent corporate debtor under sub-section (1) of Section 60 of the Code.