2019 (12) TMI 1589

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.... application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for short) for initiation of the 'Corporate Insolvency Resolution Process' against 'M/s. Hitro Energy Solutions Private Limited'. The Adjudicating Authority (National Company Law Tribunal), Single Bench, Chennai, by impugned order dated 6th December, 2018 having admitted the application, the present appeal preferred by Mr. N.S. Rangachari, Shareholder of 'M/s. Hitro Energy Solutions Private Limited'. 2. Learned counsel appearing on behalf of the Appellant submits that the application under Section 9 was preferred by 'M/s. Consolidated Construction Consortium Limited'- ('Operational Creditor') was not maintainable against 'M/s. Hitro Energy Solutions Priv....

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....ns Private Limited' to whom 'Purchase Order' was issued by 'M/s. Consolidated Construction Consortium Limited'- ('Operational Creditor'). 7. However, there is nothing on the record to suggest that by any list prepared 'M/s. Hitro Energy Solutions Private Limited' has taken over 'M/s. Hitro Energy Solutions'. The 'Purchase Orders' are on the record which has been referred to in Part IV of Form 5 (application under Section 9), relevant of which is extracted below: 8. List of other Documents attached to this application in order to prove the existence of operational debt and the amount in default 1. Purchase Order No. : KH000015 dated 24.06.2013. 2.Purchase Order No. : KH000016 dated 24.06.2013. 3. Purchase Order No. : KH0000....

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....ees and cost incurred by him which is to be paid by 'M/s. Consolidated Construction Consortium Limited'. The appeal is allowed with aforesaid observations and directions. No costs. ============= Document 1 CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. PURCHASE ORDER OHSAS 18001 BUREAU VERITAS. Certification FOR FUTURE REFERENCE PLEASE QUOTE 1828 Regional Office: 13. West Sivan Kol Stree Vadapalani, Chennai-600 025 Ph: 044-2345 4000 1100 Unes Fax: 044-2365 2906,2365 2907 Email: [email protected] [email protected] 114 VENDOR P.O. No. P.O. DATE HITRO ENERGY SOLUTIONS CHH00044 KHO00115 24/06/2013 DOC CODE AMEND. AMEND. DATE NO. REQUESTING STORE TC707 NO....