Tribunals and CommissionsDivision Bench(2021) 03 NCLT CK 0508

M/s. Next Education India Pvt. Ltd. vs M/s. K12 Techno Services Pvt. Ltd.

National Company Law Tribunal, Bengaluru Bench · Decided on 31 March 2021

HON’BLE JUDGES
Rajeswara Rao Vittanala, Member (Judicial) · Ashutosh Chandra, Member (Technical)
CASE NUMBER
C.P. (IB) No.114/BB/2017

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Judgment

5 paragraphs · 252 words

ORDER

Per: Rajeswara Rao Vittanala, Member (J)

1.

C.P. (IB) No.114/BB/2017 is filed by M/s. Next Education India Private Limited (hereinafter referred to as ‘Petitioner/Operational Creditor’) U/s 9 of the I&B Code, 2016 R/w Rule 6 of the I&B (Application to Adjudicating Authority) Rules, 2016, by inter alia seeking to initiate Corporate Insolvency Resolution Process in respect of M/s. K12 Techno Services Private Limited (hereinafter referred to as ‘Respondent / Corporate Debtor’) on the ground that it has committed default for a total amount of Rs.2,39,85,521.35/-.

2.

This Company Petition was initially dismissed by the Adjudicating Authority, vide Order dated 20.12.2018. Aggrieved by the Order, the Petitioner has filed Company Appeal (AT) (Insolvency) No.98 of 2019 before the Hon’ble NCLAT, which was allowed by an Order dated 01.08.2019 by remanding the matter to this Adjudicating Authority. Aggrieved by this Order dated 01.08.2019, the Respondent has filed an Appeal before the Hon’ble Supreme Court of India in Civil Appeal No(s).7646/ 2019, which was allowed by the Hon’ble Supreme Court vide Order dated 26.02.2020 by remanding the matter to Hon’ble NCLAT to decide the matter afresh as per observations mentioned therein. The Hon’ble NCLAT, after remanding the matter from the Hon’ble Supreme Court, has passed an Order dated 17.03.2021 by dismissing the Appeal and upholding the Order of this Adjudicating Authority. Therefore, the Order of this Adjudicating Authority dated 20.12.2018 has become final. And thus no further orders are necessary except to close the matter.

3.

Hence, C.P. (IB) No.114/BB/2017 is hereby disposed of.