2019 (11) TMI 125

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....'Corporate Debtor') against the order dated 19th December, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench-III, whereby application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code' for short) filed by Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l, who claimed to be 'Operational Creditor' has been admitted. 2. Learned counsel appearing on behalf of the Appellant submitted that the Respondent- Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l had arrangement with one 'Global Energy Talent, Mauritius' and not with 'M/s. Global Energy Talent Private Limited', an Indian Company, but Demand Notice under Section 8(1) was issued to 'M/s. Global Energy Talent Private Limited'- ('Cor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....any, alleged 'Corporate Debtor'. 8. Taking into consideration the fact that 1st Respondent has not disputed that it had no arrangement or agreement with 'M/s. Global Energy Talent Private Limited', an Indian entity shown as 'Corporate Debtor' and had settled the matter with 'M/s. Global Energy Talent, Mauritius', it appears to us that the application under Section 9 was filed by 1st Respondent with malicious intention for purpose other than for the resolution of insolvency, or liquidation of 'M/s. Global Energy Talent Private Limited', as liable for action under Section 65 of the 'I&B Code'. This apart, as in absence of any relationship of the 'Operational Creditor' and the 'Corporate Debtor' between Mr. Mohamed Hesham Mohamed Amin Basha....