In the matter of Sanjeev Sharma Vs. Aamir Jamal & Anr. CA(AT)(Ins) No. 1065 of 2019

In the matter of Sanjeev Sharma Vs. Aamir Jamal & Anr. CA(AT)(Ins) No. 1065 of 2019

Insolvency & Bankruptcy

Whether in facts and circumstances of the case and the agreement reached between the parties the Terms of Settlement is to be accepted.

The questions arises for consideration in this appeal are:-


(i) What factors are required to be taken into consideration by the Adjudicating Authority (NCLT) for initiation of Corporate Insolvency Resolution Process against an Infrastructure Company constructing flats/shops for allottees; and


(ii) Whether in facts and circumstances of the case and the agreement reached between the parties the Terms of Settlement is to be accepted? Heard the parties. Order Reserved.


The interim order prohibiting constitution of Committee of Creditors shall continue, until further order.




[Justice S. J. Mukhopadhaya]


Chairperson



[Justice Bansi Lal Bhat]


Member (Judicial)

CONCEPTS