2021 (2) TMI 54

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....aran For the Appellant : P. Chidambaram and Darius Khambatta, Senior Advocates ( Ameet Naik, Ms. Neeha Nagpal, Ms. Pallavi Langar, Abhishek Kale, Ms. Nisha Kaba, Vishvendra Tomar and Malak Manish Bhatt, Advocates, with them) For the Respondent : Vikram Nankani, Senior Advocate ( Mahesh Agarwal and E. C. Agrawala, Advocates, with him), Mukul Rohatgi, Senior Advocate ( Ms. Radhika Gautam, Advo....

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....ee of Creditors' by 99.68% voting shares and 'Committee of Creditors' members having the remaining 0.3% voting shares abstained from voting. As such, it is unequivocally clear that the resolution for withdrawal of 'corporate insolvency resolution process' under Section 12A of the I&B Code came to be rejected by the members of the 'Committee of Creditors' as the same could not muster the requisite ....

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.... by the members of the 'Committee of Creditors' with 99.68% votes." It was also recorded that the Settlement Proposal of the appellant under Section 12A of the I.B. Code was rejected by 99.68% votes of the Committee of Creditors (CoC, for short). The facts on record indicate that a notice invoking arbitration was issued on 29.07.2016 by respondent no.1 in relation to Contract No.2 whereafter....

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....ated 25.03.2018 against which an appeal was preferred. The appeal was dismissed by the NCLAT with above quoted observations. Mr. P. Chidambaram, learned Senior Advocate for the appellant submitted that the issue which got crystallized in the orders dated 18.04.2018 and 23.05.2018, whereafter the matter was adjourned on 12.07.2018 and 17.10.2019, was not decided by the NCLAT while disposing of t....