The NCLAT New Delhi bench of Mr. Justice Ashok Bhushan (Chairperson), Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member) has held that liquidator can recover the amount of the corporate debtor by filing an application under section 60(5)(c) of the code before the NCLT as it is a matter which arises solely from or which relates to the insolvency of the Corporate Debtor.
Brief Facts
This appeal has been filed against an order passed by the NCLT, Mumbai by which the interlocutory aplication filed by the liquidator to recover the amount of the corporate debtor was allowed.
The Corporate Debtor EPC Construction (India) Ltd. [earlier known as Essar Projects (India)] was awarded a contract by GSPL…
