Absence of jurisprudence in NCLT
Online Signatures: 2
On 09/01/2018, NCLT, Kolkata Bench had passed an order in the matter of CP(IB) No 513/KB/2017 and ordered initiation of insolvency proceedings against corporate debtor in the case. While passing the order, NCLT, Kolkata Bench had ignored documents and evidences establishing the fact that petition was based on malicious and fraudulent documents, frivolous claim and there were disputes existing in the case. NCLT, Kolkata Bench had also went to the extent of misquoting documents submitted by the corporate debtor, ignoring perjury committed by the advocate of operational creditors and NCLT Kolkata made observations which were not only far-fetched but also unsubstantiated. Therefore, NCLT, Kolkata had recklessly favoured operational creditor who, as per documents available with NCLT, Kolkata is culprit of defrauding Bank of Baroda and others.
The Petition was also marked to:
Shri Mahesh Mittal Kumar
Surakshit BharatAug 21