...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...

...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...

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...judgement of Hon'ble NCLAT in the case of "Nikhil Mehta and Sons v. AMR Infrastructure ..."Nikhil Mehta and Sons v. AMR Infrastructure Ltd" held that the amount invested by applicants in tha..."Nikhil Mehta and Sons v. AMR Infrastructure Ltd" was delivered on 21.07.2017 i.e. before coming of ...

...“Nikhil Mehta and Sons v. AMR Infrastructure Ltd.” Company Appeal (AT)(Insolvency) No. 07 of 2017 before the Hon'ble National Company Law Appellate Tribunal, New...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...

...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..."Haryana Financial Corporation and Anr. v. Jagdamba Oil Mills and Anr." 2002 3...

... claim made by the Financial Creditors have been duly upheld by the Hon'ble NCLAT in the matter of Nikhil Mehta ...Court in Pioneer Urban Land & Infrastructure Ltd. Vs. Union of India (UOI) and Ors...Infrastructure India Pot. Ltd. v. Premier Restaurant Pot. Ltd., it was held that Insolvency Proceedings cannot be used as a debt recovery tool. 10...

...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 .... Innoventive Industries Ltd. v. Icici Bank & Anr. S.; (2018) 1 SCC 407, it has been argued that in the present case, there is clearly a financial debt, which is due and payable and the default...

...transactions. NCLT also referred to the interpretation of the expression financial creditors by NCLAT in the case of Nikhil Mehta and Sons v. AMR Infrastructure Ltd. Comp...had been certain important decisions/orders by NCLAT and by this Court. One had been the order dated 21.07.2017 by the NCLAT in the case of Nikhil Mehta and Sons (HUF) v. AMR ...corporate debtor. While relying on the decision of this Court in Pioneer Urban Land and Infrastructure Ltd. & Anr. v. Union of India...

...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...SCC OnLine NCLAT 859 ("Nikhil Mehta" in short) to emphasize that the key feature of financial transaction as postulated by Section 5(8) of the IBC is...

...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...SCC OnLine NCLAT 859 ("Nikhil Mehta" in short) to emphasize that the key feature of financial transaction as postulated by Section 5(8) of the IBC is...

...Law Appellate Tribunal (hereinafter referred to as NCLAT) on 21st July, 2017 in Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd., (Company Appeal (AT) (Insolvency...financial contract may be drawn from an observation made in the case of Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd.: A forward contract to sell product at the end of a...loan and constituted a financial debt within the Code. A similar judgment was given in Anil Mahindroo & Anr v. Earth Organics Infrastructure. But it must be noted that these...

...National Company Law Appellate Tribunal (hereinafter referred to as “NCLAT”) on 21 July, 2017 in Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd., (Company Appeal (...forward sale or purchase agreement to have the texture of a financial contract may be drawn from an observation made in the case of Nikhil Mehta and Sons (HUF) v. AMR Infrastructure ...nature of a loan and constituted a ‘financial debt’ within the Code. A similar judgment was given in Anil Mahindroo & v. Earth Organics Infrastructure. But it must be noted that...

...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..., New Delhi in several of its orders including the one passed in Nauvata Engineering Pvt. Ltd v. Punj Lyods Ltd. in C.P No.(IB)-217(PB)/2017 on 19.07.2017 has held as...

...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...one passed in Nauvata Engineering Pvt. Ltd. v. PunjLlyods Ltd. in C.P No. (IB)-217(PB)/2017 on 19.07.2017 has held as follows:—Learned Counsel for the...

... 'consideration for the time value of money' is the main factor." Also, Hon'ble NCLAT in the matter of Nikhil Mehta and Sons (H... NEW DELHI BENCH-V Company Petition No. (IB)- 1026/PB/2020 Under Section 7 of the Insolvency and Bankruptcy Code, 2016 In the matter of...: Mr. Rohit Prasad …. Financial Creditor Vs. M/s S and N Lifestyle Infraventures Pvt. Ltd...

...interpretation to be accorded to a forward sale or purchase agreement to have the texture of a financial contract may be drawn from an observation made in the case of Nikhil Mehta and Sons (HUF) v....499 and approved by this Court in Lilavati Kirtilal Mehta Medical Trust v. Unique Shanti Developers and others (2020) 2 SCC...Freight System (India) Pvt. Ltd. Vs Omkar Realtors and Developers Pvt. Ltd. II (2021) CPJ 33 (NC) in CC no. 886/2020 decided on 25.01.2021...

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...votes of COC. R-1 relies on judgment in Company Application No. 811(PB)/2018 in IB- 02(PB)/2017 in Nikhil Mehta & Sons V/s ...)(f) & 22 of IBC IN THE MATTER OF : Sachin Naveen Sinha IRP of Fairdeal Multifilament Pvt. Ltd. ….Applicant V/s...Process ("CIRP") was ordered in CP(IB) No. 111 of 2022 vide order dated 21.02.2022 on Fairdeal Multifilament Pvt. Ltd., and Applicant was appointed as IRP. 3. The...