2023 (2) TMI 240
X X X X Extracts X X X X
X X X X Extracts X X X X
.... bearing CP (IB) No. 4541(MB) of 2019 before the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') read with rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against the Respondent No. 1 (GTL Infrastructure Limited)/(Corporate Debtor) for the resolution of an amount of Rs. 646,38,06,271.00 as on 01.07.2011. 2. Corporate Debtor also filed I.A. No. 677 of 2020 on 21.02.2022 seeking dismissal of the aforesaid petition on account of lack of authorization in favour of the authorized signatory of the Respondent No. 2. The aforesaid petition was dismissed vide the impugned order dated 18.11.2022 and I.A. No....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eover, the adjudicated and un-adjudicated claims of the Corporate Debtor are far more than the debt claimed in the present petition. So, in view of Judgement of the Hon'ble Supreme Court in Vidarbha Industries Power Limited Vs. Axis Bank Limited, we are of the opinion that the present petition should be dismissed. Hence, the CP(IB)/4541/2019 is dismissed. Since the Petition is dismissed, therefore this bench refrain to express any opinion on merit as to whether the Petitioner is properly authorized to file petition or not. In view of the same IA/677/2020 is dismissed as infructuous." 3. Two appeals under Section 61 of the Code have already been filed i.e. CA (AT) (Ins) No. 68 of 2023 'Canara Bank Vs. GTL Infrastructure Ltd.' and....
TaxTMI