2019 (8) TMI 1698

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....USTICE A.I.S. CHEEMA, MEMBER (JUDICIAL) AND KANTHI NARAHARI, MEMBER (TECHNICAL) For the Appellant : Mr. Javeed Hussain amd Mr. Ashish Rana, Advocates. ORDER An application for substitution has been filed by Mr. Imran Iqbal Khan, Director of 'Corporate Debtor' - M/s Excel Metal Processor Limited, to substitute him as the Appellant in place of M/s Excel Metal Processors Limited ('Corporate Debtor....

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....hort the 'I&B Code') against Excel Metal Processors Private Limited ('Corporate Debtor') alleging that the 'Corporate Debtor' committed default on 27th March, 2016 in making the payment to an extent of US $1,258,219.42 inclusive of interest @ 15% per annum. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench by impugned order dated 25th June, 2019 having admitted the applicati....

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.... (Insolvency) No.82 of 2018 etc. decided on 14th November, 2018 wherein it was held that 'Corporate Insolvency Resolution Process'/ insolvency proceedings is not a 'suit' or a 'litigation' or a 'money claim' for any litigation; No one is selling or buying the 'Corporate Debtor' a 'Resolution Plan'; It is not an auction; it is not a recovery, which is an individual effort by the creditor to recover....

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....ny Law Tribunal having territorial jurisdiction over the place where the registered office of the corporate person is located". As admittedly, the Registered Office of the 'Corporate Debtor' namely - Excel Metal Processors Private Limited is situated at 132, B, Mittal Towers Nariman Point, Mumbai-400021, we hold that the National Company Law Tribunal, Mumbai Bench has the jurisdiction to entertain....