Case Law Details
Parul A Vora Vs Kavya Buildcon Private Limited (NCLT Mumbai)
Bench is of considered view that the IBC does not protect the interest or claim of the partner against another partner or the Firm as such though, the Financial Creditor may be entitled to the claims against the Corporate Debtor under any other law in force which may provide the legal recourse to the Financial Creditor.
FULL TEXT OF THE NCLT DELHI ORDER
This Company Petition filed under section 7 (“the Petition”) of the Insolvency and Bankruptcy Code, 2016 (IBC) by Parul A Vora (“the Financial Creditor or FC”), seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Kavya Buildcon Private Limited (“the Corporate Debtor or CD”).
2. The Corporate Debtor is a Private Limited Company limited by shares and incorporated on 29.03.2004 under the Companies Act, 1956, with the Registrar of Companies, Maharashtra, Mumbai. Its registered office is at 2nd Floor, 99C, Kavya Aura, Sitaram Ghadigaonkar Marg, Tulsiwadi, Tardeo, Mumbai- 400034. Therefore, this Bench has jurisdiction to deal with this petition.
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