ANUBHUTI AGGARWAL Vs. DPL BUILDERS PVT LTD

JUDGEMENT

(1.) Dpl Builders Pvt Ltd. is the Corporate Debtor in the above Petition and Ms.Anubhuti Aggarwal claiming herself to be a Financial Creditor has filed this Petition under Section 7 of Insolvency & Bankruptcy Code, 2016 (IBC,2016) seeking to set in motion Corporate Insolvency Resolution Process (CIRP) as envisaged under IBC,2016 as well as Attendant Rules/ Regulations framed thereunder against the Corporate Debtor. The claim giving rise to the above Petition from the facts narrated in the Application/Petition are as follows;-.

(2.) Upon notice to the Corporate Debtor, Corporate Debtor has entered its appearance and filed its reply by way of counter affidavit to which the Petitioner has also filed a rejoinder affidavit. On completion of the pleadings, the matter was taken up for final disposal by this Tribunal on 21.11.2017.

(3.) At the time of oral submissions, Ld. Counsel for the Petitioner took this Tribunal through the mutual agreement annexed as Annexure-B dated 10.04.2017 and strenuously contended that taking into consideration the provisions of the said agreement, the Petitioner can be classified as a Financial Creditor and the debt which is claimed as due from the Corporate Debtor as a financial debt. In this connection, attention of this Tribunal was more particularly drawn to clause 4 of the said agreement.