Page 5 - IBC Orders us 7-CA Mukesh Mohan

Order Passed Under Sec 7
Hon’ble NCLT Principal Bench

IN THE NATIONAL COMPANY LAW TRIBUNAL
PRINCIPAL BENCH

C.P. (I.B.) No. 03/7/NCLT/PB/2017

Decided On: 23.01.2017

Applicant: Nikhil Mehta & Sons (HUE) & ors
VS
Respondent: M/s AMR Infrastructures Ltd.

Judges/Coram:
Hon'ble Sh. M. M. Kumar Member (J)

Counsels:
For Appellant/Petitioner/Plaintiff: Mr. Varun Kathuria, Learned Advocate

For Respondents/Defendant:

ORDER

Hon'ble Sh. M.M. Kumar Member (J)

1. This is an application filed by four applicants for triggering insolvency process by invoking
Section (7) of the Insolvency and Bankruptcy Code, 2016 (for brevity 'IBC') read with Rule-4 and Rule-9

(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity
'IBR'). The application is directed against M/s. AMR Infrastructure Limited. The details of Applicants as
disclosed in the application is as follows: Applicant No.1 is a HUF with Shri Nikhil Mehta as its Karta,

Applicant No.2 is the wife of Shri Nikhil Mehta who himself is Applicant No.3. Applicant No.4 is Mrs.
Praveen Mehta, mother of Applicant No.3. The application has been filed through Power of Attorney
holder Shri Suresh Mehta, who is father of Applicant 3 and husband of Applicant No.4. He is also

resident of Greater Kailash-I, New Delhi.

2. It is appropriate to mention that all the Applicants claim themselves to be the "Financial
Creditors' within the meaning of the term used in Section-7 of 'IBC'. In order to put the controversy in its
proper perspective few facts may first be noticed. In accordance with the averments made in the

application, the first three Applicants are resident of United States of America and the Applicant No.4,
mother of Applicant No.3 resides in Delhi. Respondent viz. M/s. AMR Infrastructure is a Registered

5