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...respondent M/ s AMR Infrastructures Limited (hereinafter referred to as 'Corporate Debtor) for purchase of three units being a residential flat, shop and office space in the projects, Kessel-I Valley...), Principal bench, New Delhi whereby and whereunder the 'Adjudicating Authority' held that appellants are not 'Financial Creditor' as defined under Section 5(7) of the insolvency...the 'Corporate Debtor' and Financial Liquidator has been appointed, the application preferred by appellants for triggering insolvency process by invoking section 7 of the 'i & b code read with...

...respondent AMR Infrastructures Limited (hereinafter referred to as ‘Corporate Debtor’) for purchase of three units being a residential flat, shop and office space in the projects, Kessel-I Valley, One...), Principal bench, New Delhi whereby and whereunder the ‘Adjudicating Authority’ held that appellants are not ‘Financial Creditor’ as defined under Section 5(7) of the Insolvency...‘Corporate Debtor’ and Financial Liquidator has been appointed, the application preferred by appellants for triggering insolvency process by invoking Section 7 of the ‘I & B Code’ read with Rule-4 and...

...Infrastructures Limited". (ii) Similarly, in the second last line of paragraph no.2 of the judgment, the name of the project has been wrongly mentioned as "Kessel-I Valley, one Mall and One Home...Limited." It is also ordered to read "Kessel-I Valley, I Mall and I Homes" in place of "Kessel-I Valley, one Mall and One Home" in the second last line of paragraph no. 2 of the judgement. It is...title of the judgment, in place of "Nikhil Mehta & Sons (HUF) & Ors. V. AMR Infrastructures Limited" it has been wrongly typed as "Nikhil Mehta & ...

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...R. Varadharajan, Member (J):— Let these cases be listed for hearing after the pronouncement of the order by three Members Bench where the question of law is pending consideration as to whether NCLT would be competent to trigger an Insolvency process in the face of pendency of the petition against the same Corporate Debtor in the Hon'ble High Court under Section 433(e) of the Companies Act.2. List for further consideration on 17.11.2017...

...for the appellant brought to our notice the decision of this Appellate Tribunal in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd" dated 21st July, 2017 passed...(AT) (Insol.) No. 07 of 2017. It is submitted that the original judgment passed by Ld. Adjudicating Authority in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd.... Adjudicating Authority in 'Nikhil Mehta & Sons' was challenged before this Appellate Tribunal. In 'Nikhil Mehta & Sons v. AMR Infrastructure Ltd', con...

...for the appellant brought to our notice the decision of this Appellate Tribunal in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd" dated 21st July, 2017 passed...(AT) (Insol.) No. 07 of 2017. It is submitted that the original judgment passed by Ld. Adjudicating Authority in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd.... Adjudicating Authority in 'Nikhil Mehta & Sons' was challenged before this Appellate Tribunal. In 'Nikhil Mehta & Sons v. AMR Infrastructure Ltd', con...

...for the appellant brought to our notice the decision of this Appellate Tribunal in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd" dated 21st July, 2017 passed...) (Insol.) No. 07 of 2017. It is submitted that the original judgment passed by Ld. Adjudicating Authority in "Nikhil Mehta and Sons v. AMR Infrastructure Ltd" h.... Adjudicating Authority in 'Nikhil Mehta & Sons' was challenged before this Appellate Tribunal. In 'Nikhil Mehta & Sons v. AMR Infrastructure Ltd', considering...

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...investors as recognized by Hon'ble Supreme Court in the case of Pioneer Urban Land and Infrastructure Limited and Anr. V. Union of India (Writ Petition(C) No. 43/2019...Floreal Tower on land of M/s. Seriatim Land and Housing (P) Limited. ii. It is submitted that based on the representation made by the representatives of the respondent...Seriatim Land & Housing Private Limited) vide agreement dated 24.04.2010 and were allotted the office space admeasuring 1071 Sq. Ft. on 14thfloor with Unit No.1414 @ Rs...

...Infrastructure Development Company. A tripartite agreement was executed between the respondent-corporate debtor, Joy Hotel & Resort Private Limited, the Lessee and the petitioner-financial creditor on 22.06.2010...are fulfilled and we admit the application for initiation of the Corporate Insolvency Resolution Process against the corporate debtor Blue Coast Infrastructure Development Private Limited...Area divided into identified areas. Under this agreement, the Marketing Company and the Lessee i.e. Joy Hotel & Resort Private Limited entered into an arrangement whereby the Plaza belonging to the...

...Pioneer Urban Land and Infrastructure Limited and Another Vs. Union of India and Others (2019) 8 SCC 416, wherein Hon'ble Supreme Court has ob...covered by the dictum of Manish Kumar supra and has relied upon the judgement of Hon'ble NCLAT in the case of "Nikhil Mehta and Sons v. ...the units purchased. Reliance for the same has been placed upon he judgements "Nikhil Mehta v. AMR Infrastructure Ltd 2017 SCC Online NCLAT 377" and Satish Chand Gupta ...

...the decision of the Hon'ble Supreme Court in Pioneer Urban Land and Infrastructure Limited v. Union of India & Ors...Court in Pioneer Urban Land and Infrastructure Limited & Anr. V. Union of India & Ors. 9.4 The claim of the Respondent that the Occupancy... Limited, Company Appeal (AT)(Ins) No. 1035 of 2020 has observed that speculative investor cannot claim the status and benefits as a Financial Creditor by virtue of being an allottee...

...time value of money. The Learned Senior Counsel for the Corporate Debtor has relied on the judgment of this Tribunal in Nikhil Mehta and Sons v. AMR Infrastructure ...Pioneer Urban Land and Infrastructure Ltd. v. Union of India (2019) 8 SCC 416 that any debt to be treated as financial deb..., Interim Resolution Professional for Jaypee Infratech Ltd. v. Axis Bank Limited & Ors. (2020) 8 SCC 401, the Hon'ble Supreme Court has held that the essential condition...

...time value of money. The Learned Senior Counsel for the Corporate Debtor has relied on the judgment of this Tribunal in Nikhil Mehta and Sons v. AMR Infrastructure ...Pioneer Urban Land and Infrastructure Ltd. v. Union of India (2019) 8 SCC 416 that any debt to be treated as financial deb..., Interim Resolution Professional for Jaypee Infratech Ltd. v. Axis Bank Limited & Ors. (2020) 8 SCC 401, the Hon'ble Supreme Court has held that the essential condition...

...India in the matter of "Anuj Jain Vs. Axis Bank Limited and Ors." (Civil Appeal Nos.8512 - 8527, 6777 - 6797 of 2019 and Civil Appeal...case of Nikhil Mehta and Sons v. AMR Infrastructure Ltd. Company: Appeal (AT) (Insolvency) No. 07 of 2017 and endorsed the decision of IRP while holding...before RP and Adjudicating Authority that the Respondent No.3 - India Bulls Housing Finance Ltd. was also not a Financial Creditor and should not be in the COC. The Resolution Professional had not agreed...

...on 11.04.2017 by the Hon'ble High Court of Bombay in C.P No. 136 of 2014 along with C.A No. 932 of 2015 and C.A No. 887 of 2015 in the matter of Ashok Commercial Enterprises v. Parekh Aluminex Limited...justice for appropriate orders.i) In the case of Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd. in C.P No. (ISB) -03(PB)/2017...seen from the decision rendered in Industrial and Commerce Bank of China v. Alok Industries Ltd in IA No. 188 of 2017 in C.P (LB) No. 48/7.NCLT/AHM/2017 rendered as recently as...

...Commercial Enterprises v. Parekh Aluminex Limited.p) Thus taking into consideration all the above and more particularly the differing views taken by coordinate benches of this Tribunal...may first be placed before Hon'ble the Chief justice for appropriate orders.i) In the case of Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd....seen from the decision rendered in Industrial and Commerce Bank of China v. Alok Industries Ltd in IA No. 188 of 2017 in C.P (I.B) No. 48/7...

... agreement, having the commercial effect of a borrowing'. And in the matter of Dr B.V.S Lakshmi Vs Geometrix Laser Solutions Pvt. Limited Company Appeal (AT... 'consideration for the time value of money' is the main factor." Also, Hon'ble NCLAT in the matter of Nikhil Mehta and Sons (H.... Reliance was placed by the applicant on the judgments in the cases of: Pioneer Urban and Infrastructure...