National Company Law Appellate Tribunal
Rainbow Digital Services Pvt. Ltd. vs Growthways Trading Pvt. Ltd. & Anr. on 5 March 2020
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal (AT) (Insolvency) No. 255 of 2020
In the matter of:
Rainbow Digital Services Pvt. Ltd.
....Appellant
Vs.
Growthways Trading Pvt. Ltd. & Anr.
....Respondents
Present:
Appellant:
Mr.
G.
P.
Madaan,
Mr.
Aditya
Madaan
and
Mr. Utkarsh Mishra, Advocates.
Respondents:
Mr. Manoj Kumar Garg, Advocate with Mr. Sunil Kumar Aggarwal, IRP.
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ORDER
05.03.2020: Since, the Appellant claiming to be a Financial Creditor and assailing the order of admission under Section 7 of the Insolvency and Bankruptcy Code, 2016, at the instance of ‘M/s. Elite Steels Pvt. Ltd.’ (Financial Creditor) has not arrayed ‘Elite Steels Pvt. Ltd.’ as party Respondent in Appeal coupled with the fact that admittedly he has filed claim before the Interim Resolution Professional in the Corporate Insolvency Resolution Proceedings initiated at the instance of aforesaid Financial Creditor – ‘Elite Steels Pvt. Ltd.’ which according to Interim Resolution Professional has been admitted to the extent of 100% of the claim preferred, this Appeal is not maintainable and is according dismissed. No costs.
[Justice Bansi Lal Bhat] Member (Judicial)
[Shreesha Merla] Member (Technical)
[Alok Srivastava] Member (Technical) am/ha/nn