The Appellant is a Corporate Debtor, in respect of whom Liquidation Order has been made, cannot make an application for initiation of CIRP under Chapter II, which includes application under Section 9 against another Corporate Debtor- Meka Dredging Company Pvt. Ltd. Vs. Sapura Engineering & Construction (India) Pvt. Ltd. – NCLAT New Delhi
NCALT held that in the present case, as we find that the Appellant is a ‘Corporate Debtor’, in respect of whom ‘Liquidation Order’ has been made, cannot make an application for initiation of CIRP under Chapter II, which includes application under Section 9. For the said reason, even if, it is accepted that there is no pre-existing dispute, we hold that application under Section 9 preferred by Meka Dredging Company Pvt. Ltd. (the ‘Corporate Debtor’ under Liquidation’) is not maintainable. The Appeal is accordingly dismissed.
