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Order Passed Under Sec 7
                                                                           Hon’ble NCLT Ahmedabad Bench

                                     IN THE NATIONAL COMPANY LAW TRIBUNAL
                                                   AHMEDABAD BENCH

                                            C.P. (I.B.) No. 115/7/NCLT/AHM/2017


                                                   Decided On: 19.09.2017

                                            Applicant: V.R. Polyfab Private Limited
                                                             Vs.
                                       Respondent: Sadbhav Enterprise Private Limited


               Judges/Coram:
               Hon'ble Sh. Bikki Raveendra Babu, Member (J)


               Counsels:
               For Appellant/Petitioner/Plaintiff: Mr. Harmish Shah, Learned Advocate Advocate


               For Respondents/Defendant:Mr. Pavan Godiawala and Mr. Ishan Shah, Learned Advocates




                                                          ORDER


               Hon'ble Sh. Bikki Raveendra Babu, Member (J)


               1. V.R. Polyfab Private Limited, saying itself as 'Financial Creditor', filed this Application under Section

               7 of the Insolvency and Bankruptcy Code, 2016 ["IB Code" for short] read with Rule 4 of the Insolvency
               and  Bankruptcy  (Application  to  Adjudicating  Authority)  Rules,  2016,  ("IB  Rules"  for  short)  with  a
               request to initiate Corporate Insolvency Resolution Process against Sadbhav Enterprise Private Limited

               categorising it as 'Corporate Debtor'.


               2. Applicant is a Private Limited Company. This Application is signed by Mr. Deepakkumar R. Jain, who
               is one of the Directors of the Applicant Company, basing on the Resolution of the applicant Company

               dated 5th April, 2017.


               3.  Respondent  Company  is  a  Private  Limited  Company  incorporated  under  the  provisions  of  the
               Companies  Act,  1956  having  its  Registered  Office  in  Ahmedabad.  The  Paid-up  Share  Capital  of  the
               Respondent Company is Rs. 12,67,200.



               4. It is the case of the Applicant, that Respondent Company approached the Applicant in the year 2014 for
               the purpose of Unsecured Loan. Applicant Company has originally advanced a loan for an amount of Rs.



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