2021 (2) TMI 1277

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....n, Sr. Adv., Mr. Dheeraj Nair, AOR, Ms. Anjali Anchayil, Adv., Ms. Avni Sharma, Adv., Ms. Vishrutyi Sahni, Adv., Ms. Samiksha Godiyal, Adv. O R D E R 1. Permission to file the appeal is granted. 2. The appeal arises from an order of the National Company Law Appellate Tribunal dated 18 January 2021. Mr Shyam Divan, learned senior counsel appearing on behalf of the appellant has highlighted....

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....ndicate that the claim of the appellant to the extent as acknowledged has been quantified at Rs. 840 crores (representing 44% of the dues), while the claim which is due to the second respondent is quantified at Rs. 297 crores (representing 15.4% of the dues). 2 Mr. Shyam Divan has submitted that having due regard to the provisions of Section 12A of the Insolvency and Bankruptcy Code 2016, once ....

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....ement which was entered into between the first and second respondents is contrary to the express provisions of the IBC and may even amount to a preferential transaction within the prohibition contained in Section 43. 4. In view of the above submissions, issue notice, returnable in three weeks. 5. Till the next date of listing, the following ad-interim order is issued: (i) The impugn....