Cause Title : Mr. Shahi Md. Karim vs M/s. Kabamy India LLP, Company Appeal (AT) (CH) (Ins.) No. 16 of 2023, National Company Law Appellate Tribunal At Chennai Date of Judgment/Order : 25/01/2023 Corum : Justice M. Venugopal, Member (Judicial) & Ms. Shreesha Merla, Member (Technical) Citied: Background An appeal against order of the NCLT, Hyderabad admitting an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, was filed by the Suspended Director of the Corporate Debtor. The Appellant, has challenged the Admission Order on the ground that there was an Arbitration Clause in the C & F Agreement and that the Respondent ought to have invoked this Clause. Judgment The NCLAT dismissing the appeal decided that there is no embargo on the Operational Creditor, to file a Section 9 Petition, under I & B Code, 2016, even if there is an Arbitration Clause, in the Agreement. The scope and objective of the Code is Resolution, and n...
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