2019 (4) TMI 392

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....ial) For The Appellant : Mohd. Nazim Khan and Mr. Sanyam Goel, PCS with Mr. Mohtashim Kibriya, Advocate For The Respondent : None ORDER The Appellant filed an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (for short 'I&B Code') for initiation of Corporate Insolvency Resolution Process against 'Shriram Cement Ltd.' (Corporate Debtor). The Adjudicating Authority (National ....

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....1st March 2017 reached between the parties which was noticed by the Hon'ble High Court of Gujarat. We find that Debt Settlement Agreement is on Page 46 which shows terms of payment and Hon'ble High Court of Gujarat order dated 20th July 2017 is at Page 78 wherein the settlement has been noticed by the Hon'ble High Court. Thus, prima facie a case has been made out that the claim is not barred by li....

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....tors of the Corporate Debtor. Inspite of service of notice no appearance has been made nor any reply filed by the Corporate Debtor. 4. On 11th December, 2018, we have noticed the arguments and documents with reference of pages and we held that a prima facie case has been made out that the claim was not barred by limitation. 5. On hearing learned counsel for the Appellant and on perusal of the re....