Ramesh L Sanghvi v. Amit Enterprises Housing Limited

NATIONAL COMPANY LAW TRIBUNAL COURT-V, MUMBAI BENCH

V/s Amit Enterprises Housing Limited

SECTION : Sec 9 of IBC 2016

ORDER

Ms. Ashmita Goradia, counsel appearing for the Petitioner and Mr. Viraj

Parikh, counsel appearing for the Corporate Debtor are present through

virtual hearing.

Counsel appearing for the Petitioner has brought to the notice of this

Bench that the above Company Petition has been filed claiming an

amount of Rs. 13.95,656/- subsequent to the MCA notification dated

24.03.2020 raising the threshold limit from Rs. 1 lac to Rs. 1 crore. The

above Company Petition is not maintainable in view of the NCLAT order

in Jumbo Paper Products Versus Hansraj Agrofresh Pvt. Ltd.

However, the Learned Counsel appearing for the Petitioner requested to

keep the above matter pending till the appeal against the order of Jumbo

Paper Products Versus Hansraj Agrofresh Pvt. Ltd is decided by the

Hon’ble Apex Court. Since there was no stay granted by the Hon’ble

Supreme Court, the request of Counsel appearing for the Petitioner is

rejected and the above CP No. 1127/2020 is disposed of for want of

threshold with a liberty to file restoration application if at all the NCLAT

order is set aside by the Hon’ble Apex Court.

Sd/- Sd/- PRABHAT KUMAR KULDIP KUMAR KAREER

Member(Technical) Member(Judicial)